Anil Soni vs State Of Chhattisgarh

This frst anticipatory bail application under Section 438 of the Code of Criminal Procedure has been fled by the accused/applicant who is apprehending his arrest in connection with Crime No. 492/2020 registered at Police Station Gandhinagar, Ambikapur, District Sarguja, CG for the offence punishable under Section 420,34 of IPC.

Case of the prosecution in brief is that the co-accused persons have taken some amount from the complainant for getting the loan, in the investigation the co-accused person have been apprehended and from the memorandum of Co-accused Jyotish Nishad the name of the applicant is revealed. It is stated in the memorandum statement by the Jyotish Nishad that out of the total amount received for getting the loan to the complainant some amount has been given to the present applicant.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He also submits that the alleged incident said to have been committed on 06.07.2019 the FIR was lodged on 04.12.2020 in the FIR name of the present applicant was not mentioned even in the statement of complainant under Section 161 of the Cr.PC name of the applicant has not been mentioned. However, on the basis of memorandum statement of the co-accused persons the name of the present applicant has come on record. He further submits that the co-accused has already been granted bail by this Court vide order dated 03.08.2022 passed in MCRCA No. 940 of 2022. The applicant is ready to abide by all the terms and conditions which may be imposed by this Court and therefore, application may be allowed.

Learned State counsel opposes the application for anticipatory bail and submits that the investigation is still going on and from the evidence collected so far it appears that on the basis of memorandum statement the name of the present applicant has come and his custodial interrogation may be necessary to recovered the certain amount which alleged to have been given by the co-accused Jyotish Nishad to the present applicant, therefore, the applicant is not entitled for grant of anticipatory bail.

Considering the facts and circumstances of the case and the evidence collected so far, the present applicant has made an accused on the basis of memorandum statement of co-accused and the co-accused has already been granted bail by this Court vide order dated 03.08.2022 passed in MCRCA No. 940 of 2022, without commenting anything on the merits, this Court fnds it to be a ft case for grant of anticipatory bail to him. Accordingly, the application is allowed and 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 ofcer, on the following conditions:-

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

(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 him from disclosing such fact to the Court or to any police officer,

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

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

(v) he shall appear before the concerned Police Officer/Investigating Officer on 09.12.2022 and cooperate the investigation.

It is made clear that if any of the aforesaid conditions is violated by the appellant, the State would be free to move for cancellation of bail.