Allowed

Girish Kumar Sahu v. State of Chhattisgarh

Chhattisgarh HC10 Aug 2022MCRCA/677/2022

Case brief

AI extract

What is this about?

Single judge order granting first anticipatory bail to an advocate apprehending arrest for offences including cause for disharmony and cheating, noting a property dispute between parties and imposing standard conditions.

What did the court decide?

Anticipatory bail granted subject to personal bond of Rs. 25,000/- with one surety and standard conditions of not interfering with witnesses and appearing in court.

Girish Kumar Sahu Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C(A) No.677 of 2022

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Girish Kumar Sahu S/o Late. Shri Tikaram Sahu Aged About 48 Years PostedAdvocate, R/o Durga Mandir Ward No. 06, Sirgitti Bilaspur, Thana Sirgitti, District Bilaspur Chhattisgarh. ---- Applicant

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Versus

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State Of Chhattisgarh Station Incharge, Police Station Sirgitti, District - Bilaspur Chhattisgarh. ---- Non-Applicant

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For Applicant: ShrI Abdul Wahab Khan, Advocate. For Non-Applicant/State : Ms. Ishwari Dhritalahre, PL. For Objector:Shri Anil S. Pandey, Advocate.

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Hon'ble Shri Justice Deepak Kumar Tiwari

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Order on Board

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10.08.2022

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This 1^st anticipatory bail application under Section 438 of the Code of Criminal Procedure has been filed by the Applicant, who is apprehending his arrest in connection with Crime No.48/2022 registered at Police Station – Sirgitti, District – Bilaspur (CG) for the offence punishable under Sections 354, 323, 294 and 506/34 IPC.

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Prosecution case is that marriage of the complainant was solemnized 24 years ago with one Harish Sahu, who is the brother of the present Applicant. It is alleged that after the death of the father of the present Applicant in the year 2004, the Applicant and his family have been residing in the same house and in the year 2012-13, the present Applicant and his wife obtained some signatures for plotting the joint property and thereafter, sold the same to one Raj Kumar Kaushik in a fraudulent manner and kept the entire consideration with them. It is further alleged that on 17.1.2022, the present Applicant had caught the prosecutrix in a disrespectful manner and also used some vulgar words against her and thereby, outraged her modesty. It is further alleged that he had caught the daughter of the complainant in a drunken condition and beaten her and also made her video

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while she was in the toilet based upon which, offence as mentioned above has been lodged against him.

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Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the crime in question. He further submits that the Applicant is an Advocate and there was a property dispute between him and the complainant's family due to which, a false FIR has been lodged against the Applicant and therefore, he may be granted anticipatory bail.

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Per contra, learned Counsel for the State and the Objector have opposed the said prayer.

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Considering the facts and circumstances of the case, the submissions made, the nature of accusation and further considering that there is a property dispute between the parties, I am inclined to grant anticipatory bail to the Applicant.

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Accordingly, the application is allowed and it is directed that in the event of the Applicant's executing a personal bond for a sum of Rs 25,000/- with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-

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(a) 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 him from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (c) 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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(d) he shall not involve himself in any offence of similar nature in future.

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Sd/-

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(Deepak Kumar Tiwari)

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Judge

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Priya

Girish Kumar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Girish Kumar Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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