Allowed

Sadan Chandra v. State of Chhattisgarh

Chhattisgarh HC1 Aug 2023MCRCA/314/2023

Case brief

AI extract

What is this about?

The Chhattisgarh High Court allowed an anticipatory bail application filed by an accused facing charges of theft. The court noted the withdrawal of the complaint by the complainant and directed release on a personal bond of Rs. 25,000 with one surety if arrested.

What did the court decide?

Anticipatory bail granted; directed release on personal bond of Rs. 25,000 with one surety if arrested.

Sadan Chandra Vs State of Chhattisgarh — Anticipatory Bail | Chhattisgarh HC (2023)

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Page 1 of 2

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 314 of 2023

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Sadan Chandra S/o Shri Shankar Lal Chandra Aged About 41 Years R/o Village And Post - Baalpur, Police Station - Sarsiwa, District : BalodabazarBhathapara, Chhattisgarh

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----Applicant

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Versus

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State of Chhattisgarh Through Police Station Sarsiwa, District : BalodabazarBhathapara, Chhattisgarh

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--- Respondent

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_____________________________________________________________ For Applicant : Mr. Ramesh Nayak, Advocate. For State/ Respondent : Mr. Sushil Sahu, Panel Lawyer. ________________________________________________________

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Hon'ble Shri Justice Narendra Kumar Vyas Order on Board

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01/08/2023

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This is the first bail application filed by the applicants under Section 438 of the Code of Criminal Procedure, 1973, for grant of anticipatory bail, who has apprehension of being arrested in connection with Crime No. 49/2023, registered at Police Station– Sarsiwa, District Balodabazar (CG) for the offence punishable under Section 379 IPC.

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Case of the prosecution, in brief, is that complainant Mukta Bai Bareth, in-charge Sarpanch of village Baalpur lodged the complaint in Police Station Sarsiwa alleging that on 18.02.2023 at about 8.00 O’clock the applicant has stolen 4 tractor Gitti valued at Rs. 14,800/- from the Primary School Baalpur and on the basis of complaint, FIR lodged against the applicant for the offence punishable under Section 379 IPC.

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Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in the case. He would further submit that after filing of bail petition the complainant herself informed the police wherein she has stated that the material which was remained at the school premises was purchased by contractor Pramod Lahare subsequently the same was sold to the present applicant. He would further submit that the complainant herself has withdrawn the complaint, therefore, the applicant may be granted benefit of anticipatory bail.

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Page 2 of 2

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This Court had directed the State counsel to verify the correctness of the fact mentioned in the application. State counsel after verifying the contents of the application would submit that the complainant has withdrawn the complaint and the contents of the application is found to be corrected and truth.

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Considering the material available with the case diary and further considering the fact that the complainant herself has withdrawn the complaint which was verified by the State, I am inclined to extend the benefit of Section 438 of the Cr.P.C. to the applicant.

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Accordingly, the anticipatory bail application is allowed and It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, the applicant shall be released on anticipatory bail by the officer arresting on executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The Applicant shall also abide by the following conditions:-

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(i) That the applicant shall make himself available for interrogation before the concerned police officer as and when required;

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(ii) That the applicant shall not, directly or indirectly, make any inducement, threat undue influence to the prosecution witnesses;

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(iii) That the applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

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Sd/-

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(Narendra Kumar Vyas) Judge

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Santosh

Sadan Chandra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sadan Chandra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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