Anurag Dubey Alias Annu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1724 of 2018 • Anurag Dubey Alias Annu S/o Shri Salik Ram Dubey Aged About 44 Years R/o Milpara, Ward No. 37, Ganjpara, Police Station- TahsilDistrict Durg Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Chawani Bhilai, District Durg Chhattisgarh (Wrongly Mentioned In Impugned Order As Through District Magistrate)., District : Durg, Chhattisgarh ---- Respondent For Applicant : Shri Ashish Surana, Advocate For respondent/State : Shri Raghavendra Verma, Govt. Adv ocate.

Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 25-01-2019 1.

The applicant has preferred this bail application under Section 438 of the Cr.P.C. for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 547 of 2018 registered at Police Station Chhawani, Distt. Durg (CG) for the offence punishable under Sections 384, 386, 506 and 50734 of the Indian Penal Code. 2.

As per the case of the prosecution, allegation against present applicant is that present applicant is involved on the basis of discovery statement of one co-accused namely Manish @ Mantu Duubey. 3.

Learned counsel for the applicant submits that allegation against the present applicant is vague in nature and no recovery is made from him, therefore, benefit of anticipatory bail may be extended to him.

4.

On the contrary, learned State counsel opposes the application for grant of bail.

5.

Looking to the fact that the applicant has been involved on the basis of discovery statement of co-accused Manish @ Mantu Dubey and no recovery is made from him, the benefit of anticipatory bail should be extended to him.

6.

Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on executing a personal bond in a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the officer arresting him or the concerned investigating officer. The applicant shall also abide by the following conditions:- (i) that he shall make himself available for interrogation before the investigating officer as and when required;

(ii) that he shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or any police officer.

(iii) that he shall not act in any manner which will be prejudicial to fair and expeditious trial; and

(iv) that he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial;

(v) that in case of change of address he will inform new address to investigating agency.

Certified copy as per rules.

Sd/- (Ram Prasanna Sharma) JUDGE Raju