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High Court Of ChhattisgarhMCRCA/6/2020allowed

Gopal Singh v. State Of Chhattisgarh

2020-06-05Hon'Ble Shri Justice Arvind Singh Chandel2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 06 of 2020 Gopal Singh S/o Ghanshyam Singh, aged about 52 years, R/o Purani Basti, Deepika, Police Station: Deepika, Civil And Revenue District: Korba Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh through District Magistrate, Korba Chhattisgarh. ---- Respondent For Applicant : Mr. Akhilesh Dalpati, Advocate.

For Respondent/State : Ms. Richa Shukla, Dy. G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 05/06/2020

1. The matter is heard through Video Conferencing.

2. The applicant has filed this bail application for grant of anticipatory bail under Section 438 of the Cr.P.C. as he is apprehending his arrest in connection with Crime No. 255/2019, registered at Police Station: Deepika, District: Korba (C.G.) for the offence punishable under Section 420, 467, 468, 471 & 34 of IPC.

3. In this case, one Ravindra Kumar Thakur, had made a complaint under Section 156 (3) of Cr.P.C. before the Judicial Magistrate, alleging therein that in the year 2007 co-accused Shatrughan Das got employed in SECL on the basis of forged documents. Allegations against the present Applicant is that, he verified the documents of the co-accused. Subsequently, the Applicant is involved in the said crime-in-question. On the basis of said, FIR has been registered on 11.12.2019.

4. Learned counsel appearing on behalf of the applicant submits that the applicant has been falsely implicated in the present case due to some dispute with the complainant. He submits that the complainant never made any complaint in SECL, nor the SECL had made any complaint regarding the main accused, therefore, the complainant has no Locus Standi to complain against the present Applicant. Hence, it is prayed that the Applicant may be granted benefit of anticipatory bail.

5. Per contra, learned counsel appearing on behalf of State opposes the bail application.

6. I have heard learned Counsel for the parties.

7. Considering the facts and circumstances of the case and arguments advanced by the counsel for the parties, without further commenting on other merits of the case, in my considered opinion, it is a fit case for grant anticipatory bail to the Applicant.

8. Accordingly, the anticipatory bail application is allowed.

9. It is directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the officer arresting him and he shall abide by all the following terms and conditions:- I.

That the accused/applicant shall made himself available for interrogation before the concerned Investigating Officer as and when required;

II.

The accused/applicant 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 to any police officer;

III.

The accused/applicant shall not act, in any manner which will be prejudicial to fair and expeditious trial; and IV.

The applicant shall appear before the Trial Court on each and every date given to him by the said Court till disposal of the trial.

Sd/- (Arvind Singh Chandel) Judge Saurabh