Suraj Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 2136 of 2019 • Sunita Devi W/o Santosh Gop, Aged About 30 Years R/o Village Burhu, Post Belagada, Police Station Ghaghra, District Gumla Jharkhand ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Duldula, District Jashpur Chhattisgarh ---- Respondent MCRCA No. 5 of 2020 • Suraj Singh S/o Late Bhanu Prasad Singh Aged About 40 Years R/o Village Gudugaon, Mahuwadeepa, Police Station Sisai, District Gumla, Jharkhand ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Duldula, District Jashpur, Chhattisgarh ---- Respondent For Applicants Mr. Sukhnath Sai Pankra, Advocate For Respondent /State Mr. Ravish Agrawal, Government Advocate Proceedings through Video Conferencing SB: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 14/7/2020

1. Heard.

2. These are the two applications filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicants, who are apprehending their arrest in connection with Crime No.61/2019 as per the rejection order, registered at Police Station Duldula, District Jashpur (CG) for the offence punishable under Sections 420, 120-B of the IPC.

3. As per the prosecution case, the applicants promised the complainant that if he collects 10 people and pays Rs.2500/- per person (total Rs.25,000/-), he shall be provided a four wheeler, however, despite paying Rs.25,000/-, four wheeler was not provided nor the amount was repaid to him.

4. This Court has already allowed interim relief to the applicants on 23.3.2020.

5. Considering that the offence is triable by the Judicial Magistrate First Class and the applicants are already enjoying the interim relief granted by this Court, I am of the opinion that present is a fit case in which, the applicants should be extended the benefit of Section 438 of Cr.PC

6. Accordingly, the applications are allowed and it is directed that in the event of arrest of the applicants, they 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) they shall make himself themselves for interrogation by a Police OfÏcer as and when required;

(ii) they 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) they shall not influence the witnesses during pendency of the trial.

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