Manish Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Manish Kumar S/o Uday Kumar Joshi, Aged About 23 Years R/o Village Sirsakala, Bhiali, District Durg Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Modhapara District Raipur Chhattisgarh ---- Respondent For Applicant Dr. Shailesh Ahuja, Advocate For Respondent/State Mr. Alok Bakshi, Additional Advocate General Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 10/8/2020

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.185/2019, registered at Police Station Modhapara, District Raipur (CG) for the offence punishable under Sections 420, 406, 34 of the IPC.

3. The allegation against the present applicant and three other coaccused is that having executed the agreement for sale of the subject land for Rs.11 lakhs, they received an advance amount of Rs.7 lakhs on 25.1.2019, but on avoiding to execute the saledeed.

4. Admittedly, the co-accused persons have been allowed regular bail by a Coordinate Bench of this Court vide MCRC Nos.128/2020 and 134/2020 respectively.

5. Having considered all the relevant aspects of the matter and particularly for the reason that the incident has elements of civil transaction regarding sale of land, which may not involve any culpability, this Court is inclined to extend the benefit of Section 438 of Cr.PC to the applicant.

6. 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.

7.

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