Devcharan Tandan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Devcharan Tandan S/o Late Mangal Tandan ( Mangalram Tandan ) Aged About 52 Years R/o Village , Kolar, Post OfÏce And Police Station - Abhanpur, District - Raipur Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station - Abhanpur, District - Raipur Chhattisgarh. ---- Respondent For Applicant Mr. Shivendu Pandya, Advocate For Respondent /State Mr. KK Singh, Government Advocate For Objector Ms. Upasna Mehta, Advocate Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 14/7/2020

1. Heard.

2. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.520/2019 registered at Police Station Abhanpur, District Raipur (CG) for the offence punishable under Section 420 of IPC.

3. The applicant has collected Rs.2.5 lakhs each from two victims

namely Uttam and Chetan Banjare on promise that he shall arrange employment for them.

4. On 26.6.2020, Mr. Shivendu Pandya, learned counsel for the applicant stated that the applicant is ready to return the amount.

5. Today, learned counsel for the applicant would submit that due to pandemic COVID-19 situation, the applicant is financially hard-pressed, therefore, for the present, he would find it difÏcult to arrange the funds.

6. Considering the nature of allegations and that the applicant desires to refund the amount, it is directed that the applicant shall be released on anticipatory bail on a condition amongst others that the applicant shall refund the amount to the victims within 3 months from today, failing which, the victims would be entitled to move before this Court seeking cancellation of the present order allowing anticipatory bail to the applicant.

7. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Arresting OfÏcer with the following conditions :- (i) he shall make himself available for interrogation by a Police OfÏcer as and when required;

(ii) 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 for disclosing such facts to the Court or to any Police OfÏcer. (iii) he shall not influence the witnesses during pendency of the trial.

8.

Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna