Allowed

Harish Agrawal v. State of Chhattisgarh

Chhattisgarh HC18 Apr 2022MCRCA/85/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh granted anticipatory bail to the applicant apprehending arrest in a case involving public nuisance, assault, and electricity safety violations. The court noted the offences were bailable, the applicant had no antecedents, and no risk of absconding existed.

What did the court decide?

Anticipatory bail granted on a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each, subject to six standard conditions including appearance trends and COVID protocols.

Harish Agrawal Vs State of Chhattisgarh — Anticipatory Bail | Chhattisgarh HC (2022)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

MCRCA No. 85 of 2022

¶5

Harish Agrawal, S/o Khushiram Agrawal, aged about 44 Years, Permanent R/o Deviganj Road, Ambikapur, District Surguja, Chhattisgarh.

¶6

----Applicant

¶7

Versus

¶8

State of Chhattisgarh, Through Station House Officer, Police Station Amanaka, District Raipur, Chhattisgarh.

¶9

---- Non-applicant

¶10

For Applicant Shri Jitendra Shrivastava, Advocate. For State Shri Shrikant Kaushik, Panel Lawyer.

¶11

Hon'ble Shri Justice Gautam Chourdiya Order on Board

¶12

18/04/2022

¶13

The applicant has preferred this bail application under Section 438 of Cr.P.C. as he is apprehending his arrest in connection with Crime No. 69/2021 registered at Police Station Amanaka, District Raipur, C.G. for the offence punishable under Sections 294, 323 of Indian Penal Code and Section 139 of Electricity Act.

¶14

Case of the prosecution, in brief, is that on 13.03.2021, the complainant Manoj Kumar Thakur, Assistant Engineer, Chhattisgarh State Power Distribution Company Limited, lodged a report at police station Amanaka, alleging therein that he along with Driver Rupchand Yadav went to Barsana Enclave by vehicle bearing registration No.CG04-MJ-3371 for repairing of electricity

¶15

¶16

on call and while reversing the said vehicle for parking, the said vehicle dashed with another vehicle bearing registration No.CG15-CG-7200, due to which, the driver Mintu Singh abused Rupchand Yadav and assaulted him with D.O. club, as a result of which Rupchand Yadav received injury on his body. On the basis of above report, offence under Sections 294 & 323 of IPC and Section 139 of Electricity Act was registered against the said Mintu Singh and during the course of investigation, it was informed to the police authority that the vehicle bearing registration No. CG15-CG-7200 is registered in the name of present applicant, therefore, the present applicant has also been roped in this case.

¶17

Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in this case. He submits that no offence was committed by the applicant, the applicant has no criminal antecedent and charge sheet has not yet been filed. The applicant is ready to abide by all such conditions as may be imposed by this Court while granting anticipatory bail.

¶18

Learned Counsel appearing for the State opposes the bail application. However, he submits that the applicant has no criminal antecedent.

¶19

I have heard learned counsel for the parties.

¶20

Considering the facts and circumstances of the case, the FIR

¶21

¶22

was lodged only against the co-accused Mintu Singh and the name of the present applicant was not mentioned in the FIR, further considering the fact that the offence under Sections 294 & 323 of IPC are bailable and only punishment of fine has been provided for the offence under Section 139 of Electricity Act which may extend to Rs.10,000/-, applicant has no criminal antecedent, though the matter is under investigation, however, no apprehension is shown by the State counsel of his absconding or tampering with or influencing the witnesses, no custodial interrogation of the applicant is required, without commenting anything on merits of the case, this Court is of the opinion that present is a fit case for granting anticipatory bail to the applicant. Accordingly, the application is allowed.

¶23

It is directed that in the event of arrest of the applicant in connection with the aforesaid crime, he shall be released on bail by the Arresting Officer on his furnishing a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the Arresting Officer. Applicant shall be released on bail on the following conditions:-

¶24

(i) he shall make himself available for interrogation before the Police as and when required,

¶25

(ii) 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 or to the Investigating Officer,

¶26

(iii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and

¶27

¶28

(iv) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

¶29

(v) he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority.

¶30

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

¶31

Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in any offence in future.

¶32

Sd/Gautam Chourdiya Judge

¶33

Akhilesh

Harish Agrawal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Harish Agrawal v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

M/S Kirti Constructions Vs State of Chhattisgarh

Soumya Sahu Vs Union of India

Prashant Kumar Tiwari Vs Devendra Kumar Vindhyaraj

Ramesh Kumar Sahu Vs State of Chhattisgarh

Devnath Sahu Vs State of Chhattisgarh

Brijbhushan Sahu Vs State of Chhattisgarh