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Chhattisgarh High Court · body

2012 DIGILAW 12 (CHH)

SOP SINGH v. STATE OF C. G.

2012-01-10

T.P.SHARMA

body2012
ORDER 1. The applicant has filed this first bail application under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail as he is apprehending his arrest in Crime No.300/2011, registered at Police Station-Chakarbhata, Distt. Bilaspur, for the offence punishable under Sections 394, 414, 420, 467, 468, 471 and 406 of the I.P.C. 2. I have heard learned counsel for the parties and perused the case diary. 3. Learned counsel for the applicant submits that this is first bail application filed on behalf of the applicant for grant of anticipatory bail. No other application of this nature is pending or decided by this Court or by the Apex Court. The application is supported by the affidavit of the applicant. 4. Learned counsel further submits that aforesaid offence relating to four vehicles namely Truck Nos.G.G. 17 H 3029 & C.G. 17 DA 1608, Scorpio No.CG. 17 D 8100 and Safari No. C.G. 17 DA 7200 has been committed and record of the Regional Transport Officer, Jagdalpur has been tempered, but during the time of commission of alleged offence the present applicant was not posted as Assistant Regional Transport Officer, Jagdalpur and after the commission of offence he was transferred and posted at Regional Transport Office, Jagdalpur as Assistant Regional Transport Officer, he has joined his office on 26.7.2010. The prosecution has also not collected any material against the present applicant showing his involvement in commission of offence. 5. On the other hand, learned Govt. Advocate opposes the bail application but frankly admits that the present applicant has joined on 26.7.2010 and aforesaid offence has been committed prior to joining of the applicant. 6. On due consideration of the material collected on behalf of the prosecution, without further comment, I am of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application filed under Section 438 of the Cr.P.C. is allowed. 7. It is, therefore, directed that in the event of arrest of the applicant, if he furnishes a personal bond of Rs.10,000/- with a solvent surety in the like sum to the satisfaction of the arresting officer, he be released on bail and if charge sheet is filed against him, then he may apply for regular bail and order I shall be continued after 30 days of filing of the charge sheet. Bail Application Allowed.