The High Court of Chhattisgarh granted anticipatory bail to an applicant facing charges of corruption for failing to deduct tax and security deposits from a tenderer, applying principles from Bhadresh Bipinbhal Seth.
Anticipatory bail granted; direction to release applicant on personal bond of Rs.25,000/- with one surety upon arrest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No. 1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.CR.C.(A). No. 586 of 2016
----Applicant
Versus
---- Respondent
For Applicant : Ms. Hamida Siddiqui, Advocate For Respondent/State : Mr. Anupam Dubey, Dy. Govt. Advocate
Hon'ble Shri Justice Goutam Bhaduri
Order On Board
16/09/2016
Page No. 2
the tenderer has not deducted the said sums and thereby the aforesaid offence was committed.
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consideration in facts of case the principles laid down in case of
Bhadresh Bipinbhal Seth Vs. State of Gujrat & Another, reported in (2016) 1 SCC 152, would be applicable taking into the job discharged by the applicant under Commissioner, Municipal Corporation wherein it has been held that if not essentially required custodial interrogation should be avoided and further taking into the fact that similarly placed co-accused in this case has been enlarged on anticipatory bail by this Court vide order dated 19.08.2016, in M.Cr.C.(A) No.626/2016, I am of the considered opinion prima-facie that it is a fit case where the benefit of anticipatory can be extended to the applicant.
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(iv) that 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.
Certified copy as per rules.
Sd/(Goutam Bhaduri) Judge
Balram
2 issues framed by the court
Whether anticipatory bail should be granted to the applicant apprehending arrest in connection with offences under the Prevention of Corruption Act and IPC.
Whether the principle laid down in Bhadresh Bipinbhal Seth Vs. State of Gujarat is applicable to the present case.
Colour shows how this judgement treated each authority
4 provisions across 3 enactments
Pramod Kumar Jogi
State of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
