Allowed

Brishdhvaj Saraf v. State of Chhattisgarh

Chhattisgarh HC2 Aug 2022MCRCA/346/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh granted anticipatory bail to the applicant in a theft case unless he cooperates with the investigation. The applicant faces charges for alleged involvement in theft and receiving stolen property but contended false implication.

What did the court decide?

Anticipatory bail granted on personal bond of Rs. 25,000 with one surety subject to conditions of cooperation and appearance.

Brishdhvaj Saraf Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 346 of 2022

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Brishdhvaj Saraf S/o Dinbandhu Saraf Aged About 37 Years R/o Goimund, P.S. Muribahal, Tahsil Muribahal, District Bolangir (Udisha)

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---- Applicant

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Versus

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State Of Chhattisgarh Through Police Station Devendra Nagar District Raipur Chhattisgarh.

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---- Respondent

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For Applicant : Shri Badruddin Khan, Advocate For State : Shri Sameer Uraon, G.A.

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S.B. : Hon'ble Shri Justice Sachin Singh Rajput

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Order On Board

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02/08/2022

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The applicant is apprehending his arrest in connection with Crime No.185/2021 registered at Police Station – Devendra Nagar, District – Raipur (CG) for alleged commission of offence under Section 380, 457, 411, 34 of IPC.

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Case of the prosecution is that a theft was committed and thereafter, stolen articles were sold to the brother of the applicant and on memorandum of the brother of the applicant, it has been revealed that some articles are with the applicant also.

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Learned counsel for the applicant submits that the applicant has been falsely implicated and apart from the memorandum of the brother of the applicant, there is no evidence against the present applicant and charge

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which has been leveled against the present applicant is only under Section 411 IPC which is punishable for maximum imprisonment of 3 years. Further submission is that the applicant will cooperate with the investigation and will follow conditions which may be imposed upon him. He further submits that the other co-accused have been enlarged on regular bail which has been filed by way of covering memo.

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On the other hand, learned State counsel would submit that the name of present applicant surfaced only on the memorandum of his brother. As some stolen articles are in custody of the applicant, his custodial interrogation is necessary and the other co-accused have been enlarged on regular bail and not on anticipatory bail.

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Considering the nature of allegations and the fact that name of the applicant surfaced only in the memorandum of his brother, I am inclined to grant anticipatory bail to the applicant with a direction to cooperate with the investigation.

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Accordingly, the application is allowed. It is directed that in the event of arrest of the applicant, he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the arresting officer, on the following conditions:-

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(a) he shall make himself available for interrogation by the concerned police officer as and when so required.

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(b) he 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 them from disclosing such fact to the Court or to any police officer,

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(d) After filing of the charge-sheet, he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

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(e) he shall not leave India without the previous permission of the Court,

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(f) he shall not involve himself in any offence of similar nature in future.

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The applicant shall appear before the Investigating Officer / Police for

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co-operating with the investigation on 24/08/2022 .

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Sd/- (Sachin Singh Rajput) Judge

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Deepti

Brishdhvaj Saraf v. State of Chhattisgarh

Case brief

What is this about?

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Brishdhvaj Saraf v. State of Chhattisgarh

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