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High Court Of ChhattisgarhMCRCA/2176/2019allowed

Maninder Pal Singh Gil And ANR. v. State Of Chhattisgarh And ANR.

2020-07-14Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.2176 of 2019

1. Maninder Pal Singh Gil, S/o Late Mahinder Pal Singh Gil, Aged About 47 Years

2. Ashminder Kour Gil, W/o Maninder Pal Singh Gil, Aged About 42 Years Both R/o Santara Badi, Durg, District Durg, Chhattisgarh ---- Applicants

Versus

1. State Of Chhattisgarh Through The Station House Officer, Police Station Durg, District- Durg, Chhattisgarh

2. Ramdev Tawari, S/o Trilokchand Tawari, Aged About 42 Years, R/o Mahesh Colony, Durg, District- Durg, Chhattisgarh ---- Respondents For Applicant Shri Jitendra Gupta, Advocate For Respondent Shri K. K. Singh, GA Proceeding through Video Conferencing Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 14/07/2020 1.

The applicants have preferred this bail application under Section 438 of CrPC, as they are apprehending their arrest in connection with Crime No.1201/2019, registered at Police Station Durg, District Durg (C.G.), for the offence punishable under Sections 420, 120-B read with Section 34 of IPC.

2.

For sale of land belonging to applicant No.2 Ashminder Kour Gill, who is wife of applicant No.1 Maninder Pal Singh Gil, an

agreement was entered with the complainant. However, despite having received cheque for Rs.3 Lakhs and cash of Rs.4,32,000/-, the applicants are neither executing the sale deed nor returning the amount. Learned counsel for the applicants submits that the applicants are still willing to execute the sale deed if the entire sale consideration is paid to them. 3.

Learned State counsel would oppose the prayer for grant of bail. 4.

Considering the nature of allegation, this Court is inclined to extend the benefit of anticipatory bail to the applicants. Accordingly, the bail application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Arresting Officer with the following conditions:- (i) they shall make themselves available for interrogation by a police officer 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 from disclosing such facts to the Court or to any police officer.

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

Sd/- Prashant Kumar Mishra Judge Nirala