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2013 DIGILAW 109 (CHH)

Sanjay Mathur v. State of C. G.

2013-03-15

MANINDRA MOHAN SHRIVASTAVA

body2013
ORDER Heard. The applicant is apprehending his arrest in connection with crime No.166/12 registered at police station - Nandani, Bhilai, District-Durg for alleged commission of offence under Section 307/34 of IPC. The case of the prosecution is that when the police constable, on receipt of information reached the spot, where oil was being transferred from one tanker to other tanker, the applicant and other co-accused, with intention to murder the Constable - Mahavir dashed the vehicle against him. Learned counsel for the applicant submits that even if the entire statements and contents of FIR is taken as it is, there is nothing to show that the applicant had any intention to murder the police constable. He submits that the vehicle was being driven by the other accused and even according to the allegation, the moment the police constable arrived, the other accused attempted to run away from the spot. He further submits that the applicant was not at all present at the spot but merely because he happens to be the brother of the co-accused, he has been falsely implicated. On the other hand, learned State counsel submits that the constable has clearly stated that when he tried to stop the vehicle in which the applicant and other accused were sitting, the other accused dashed the vehicle against the constable which clearly show that there was an intention to kill the police official. Prima facie, the statement of the Constable shows that when he asked the driver of the vehicle to stop the vehicle, he did not stop and dashed the vehicle against him. In the FIR and diary statements of the two constables, no overt act is alleged against the applicant and the applicant is involved in the case on the basis that he was also sitting in the vehicle. Taking into consideration the aforesaid aspect of the matter, I am inclined to grant anticipatory bail to the applicant. Accordingly the application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the arresting officer on furnishing a personal bond in the sum of Rs. Accordingly the application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the arresting officer on furnishing a personal bond in the sum of Rs. 25,000/- along with two local sureties for the like amount to the satisfaction of the arresting officer with following further conditions that: (i) the applicant shall make himself available for interrogation by the police officer as and when required; (ii) the 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 from disclosing such facts to the Court or to any police officer. Certified copy as per rules. Bail Granted.