Research › Search › Judgment

Chhattisgarh High Court · body

2013 DIGILAW 137 (CHH)

UMLESH CHANDEL v. STATE OF C. G.

2013-04-25

G.Minhajuddin

body2013
ORAL ORDER 1. Heard on application filed under Section 438 of Cr.P.C. for grant of anticipatory bail. 2. Learned counsel for the applicants has submitted that applicants are innocent persons and have been falsely implicated in this case. Learned counsel for the applicants has further submitted that on the same date i.e. 1/3/2013, a report has been lodged by Smt. Madhu Kashyap, who is sister of the present applicants/accused and only as a counter blast a false report has been lodged by Ms. Sweta who is sister-in-law of Akhilesh. 3. On the other hand, learned counsel for the State has opposed the anticipatory bail application. 4. Case diary of Crime No. 111/2013, offences under Sections 294, 506, 323, 354/34 of Indian Penal Code, of Police Station Sarkanda, District Bilaspur (C.G.), perused. 5. According to the prosecution, a report was lodged at 5.30 P.M. on 1/3/2013 by Ku. Sweta against the present applicants on which offences under Sections 294, 506, 323, 354/34 of I.P.C. were registered. 6. From the perusal of Annexure A-2, it is found that on the same day i.e. 1/3/2013 at 4.30 P.M.. an F.I.R. has been lodged by Smt. Madhu Kashyap, who is said to be sister of present applicants/accused Umlesh Chandel and Umesh Chandel, in respect of an incident, which had taken place on that day between 3.00-4.00 P.M. on which offence under Sections 452, 506, 294, 323, 34 of the I.P.C. has been registered against Rajesh Khairwar, Akhikesh, Rahul and others. First informant Ku. Sweta in Cr. No. 111/2013 has been set to be sister-in-law of Akhikesh, against whom and other offences under Sections 452, 506, 294, 323, 34, of I.P.C., have been registered in Cr. No. 110/2013. The alleged offences are neither punishable with death nor with imprisonment for life and is triable by Judicial Magistrate First Class. 7. In view of the above facts, the possibility cannot be ruled out that F.I.R. in Cr. No. 111/2013 was got lodged as a counter blast against the present applicants/accused as such, my considered view, there is a prima-facie case in favour of the accused/applicants, so far as grant of anticipatory bail is concerned. Therefore, application filed under Section 438 of Cr.P.C. for grant of anticipatory bail is allowed. No. 111/2013 was got lodged as a counter blast against the present applicants/accused as such, my considered view, there is a prima-facie case in favour of the accused/applicants, so far as grant of anticipatory bail is concerned. Therefore, application filed under Section 438 of Cr.P.C. for grant of anticipatory bail is allowed. It is directed that in the event of arrest of applicants i.e. Umlesh Chandel and Umesh Chandel, in connection with crime number 111/2013, offences under Sections 294, 506, 323, 354/34 of I.P.C. of Police Station Sarkanda District Bilaspur (C.G.), they shall be released on bail, on each of them executing a personal bond for a sum of Rs. 10,000/- with one surety of the like amount to the satisfaction of the concerned arresting officer/investigating officer, on the following conditions: (i) that applicants shall make themselves available for interrogation before the investigating officer as and when required; (ii) that applicants 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) that applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) the applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Application Allowed.