Dismissed

Ishwar Prasad Patel v. State of Chhattisgarh

Chhattisgarh HC9 Dec 2020CRMP/2091/2019

Case brief

AI extract

What is this about?

In a bail cancellation petition under Section 439(2) Cr.P.C. seeking cancellation of anticipatory bail granted to private respondents, the High Court dismissed the petition. The court held that the petitioner's allegations regarding non-compliance with bail conditions were vague and unsupported by any documentary evidence or specific details, rendering the petition unsustainable.

What did the court decide?

Petition under Section 439(2) Cr.P.C. for cancellation of anticipatory bail was dismissed and the matter disposed of.

Ishwar Prasad Patel Vs State of Chhattisgarh — Quashing and FIR | Chhattisgarh HC (2020)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Cr.M.P. No. 2091 of 2019

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Ishwar Prasad Sahu S/o Late Shri Bhola Ram Sahu Aged About 52 Years R/o Balco, Post And P.S. Balco Nagar, Tehsil And District- Korba, Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through Station House Officer Police Station Balco Nagar, District- Korba, Chhattisgarh

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Rahul Wassan S/o Shri Pradeep Kumar Wassan Aged About 34 Years

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Sahil Wassan S/o Shri Pradeep Kumar Wassan Aged About 33 Years

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Ujjwal Wassan S/o Shri Pradeep Kumar Wassn Aged About 31 Years (respondent No.2 to 4 r/o Wassan Chal, Agroha Marg, Korba, Tahsil And District- Korba, Chhattisgarh)

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---- Respondent

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For Petitioner :	Mr.	Surfaraz Khan, Advocate.
For State :	Mr.	Gurudev I. Sharan, Govt. Advocate.
For Respondents No.2 to 4 :	Mr.	Abhishek Saraf, Advocate.

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Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board

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09-12-2020

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Heard.

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This petition has been brought under Section 439 (2) of Cr.P.C. praying for cancellation of the order granting bail passed by this Court in M.Cr.C. (A) No.751/2019 on 26.07.2019.

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It is submitted by the learned counsel for the petitioner that the anticipatory bail was granted to the respondents No.2, 3 and 4 on the condition that they will not influence the prosecution witnesses. However, the respondents No.2, 3 and 4 are not complying with that

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-2-

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condition and are making attempts to influence the prosecution witnesses. Therefore, they are taking law in hands and interfering with the administration of justice. Hence, on this ground, it is prayed that the anticipatory bail granted to the private respondents may be canceled.

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Learned State counsel appearing for respondent No.01 makes formal objection.

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Learned counsel appearing for respondents No.2, 3 and 4 opposes the submissions made or learned counsel for the petitioner and submissions that the allegations made against the private respondents are totally false and baseless. The private respondents are clearly abiding by the conditions imposed upon them in the order granting anticipatory bail and they have not at all used that liberty. Therefore, the petition may be dismissed.

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Considered on the submissions, it appears that the petitioner side has made a plain statement making allegation against the private respondents regarding which there is no document produced in support to show that any complaint was made to the police or other authority against the private respondents for the act complained on. Apart from that the statement in the petition is also not specific with any detail. Therefore, I am of this view that on the basis of such vague allegation, any order granting bail to the persons concerned cannot be canceled.

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Accordingly, the petition is dismissed and disposed off.

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Monika

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Sd/(Rajendra Chandra Singh Samant) Judge

Ishwar Prasad Patel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ishwar Prasad Patel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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