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2025 DIGILAW 189 (SC)

Vijay Kumar Dheer v. State Of Chhattisgarh

2025-01-08

MANMOHAN, MANOJ MISRA

body2025
ORDER : 1. Leave granted. 2. Heard learned counsel appearing for the parties. 3. This appeal impugns judgment and order dated 09.01.2024 passed by the High Court of Chhattisgarh at Bilaspur, rejecting the Anticipatory Bail Application of the appellant in connection with Crime No. 107 of 2016 registered at Police Station-Vidhan Sabha, Raipur, District-Raipur, for the offences punishable under Sections 420,467,468,469,470,471,472 and 120-B of IPC. 4. It is not in dispute that for quashing the aforesaid criminal case, the appellant had invoked the jurisdiction of the High Court under Article 226 of the Constitution of India, wherein the prayer to quash the FIR was rejected. However, till conclusion of investigation/submission of police report under Section 173(2) of the Cr.PC, protection from arrest was accorded. It is also not in dispute that after investigation, the police has laid a chargesheet. 5. At this stage, the appellant invoked the Anticipatory Bail jurisdiction of the High Court by filing an application which was rejected by the impugned order. 6. The submission of the learned counsel for the appellant is that investigation is completed; the subject matter of dispute is an agreement dated 07.09.1991, which the complainant party claims to be forged; the agreement is genuine and has been acted upon by the complainant party, therefore, the allegations are incorrect. 7. Be that as it may, the merit of the allegations is not to be tested at this stage. However, what weighs in favour of the appellant is that there was a protection order in favour of the appellant pending investigation and now, since chargesheet has already been filed, no custodial interrogation is required. Ends of justice would be served if the appellant co-operates in the trial. 8. In the said circumstances, we deem it appropriate to direct that the appellant shall co-operate in the trial and submit bail bonds to the satisfaction of the trial court within a period of two weeks from today. On his furnishing bail bonds, he shall not be arrested in connection with any coercive process that may have been taken in connection with the trial, pursuant to the chargesheet in the aforementioned case. 9. The interim protection earlier granted by this Court shall continue for a period of further two weeks to enable him to furnish bail bond in the terms directed above. 10. With the aforesaid directions, the appeal stands disposed of. 11. 9. The interim protection earlier granted by this Court shall continue for a period of further two weeks to enable him to furnish bail bond in the terms directed above. 10. With the aforesaid directions, the appeal stands disposed of. 11. Pending application(s), if any, shall stand disposed of.