Navin Singh vs State of C.G.

T.P. Sharma, J.—The applicant has filed this application u/s 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as, ''the Code'') for grant of anticipatory bail, apprehending arrest in Crime No. 570/2009 registered at Police Station-Supela, District-Durg for the offence punishable under Sections 420 and 467 read with Section 34 of the Indian Penal Code.

I have heard learned Counsel for the parties and perused the case diary.

This is the First Bail application filed on behalf of the applicant for grant of anticipatory bail. No other application of this nature is pending or decided by this Court or by the Apex Court. The application is supported by the affidavit of the applicant.

Learned Counsel for the applicant submits that as per allegation of the prosecution, the present applicant who is master mind of the offence has manipulated and succeeded in selling the property of his uncle Krishna Kumar by presenting another person Dhaniram, but the prosecution has not filed any agreement or any material to show that the present applicant has led any role in the aforesaid transactions. Learned Counsel further submits that the prosecution has filed charge sheet against the persons who have sold the property and committed cheating.

On the other hand, learned State counsel opposes the bail application and submits that the present applicant is master mind, although the prosecution has not collected material document against the present applicant but two witnesses have admitted his presence at the time of execution of sale deed before of the office of Sub-Registrar.

On due consideration of the material collected on behalf of the prosecution and without further comments, I am of the opinion that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed.

It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail on his furnishing a personal bond for a sum of Rs. 20,000/- with one solvent surety in the like sum to the satisfaction of the arresting officer on the following conditions that:

(i) he shall make himself available for interrogation by a police officer as and when required;

(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 facts to the Court or to any police officer; and

(iii) he shall cooperate with the investigation as and when he is called

This order shall remain in force till filing of the charge sheet. During this period, the applicant shall be at liberty to apply for regular bail before the trial Court.

Certified copy as per rules.