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Saroj Kumar Seth vs State of C.G.

Chhattisgarh High Court · Decided on 27 January 2006 · Citation: (2006) 1 CGLJ 451

HON’BLE JUDGES
Sunil Kumar Sinha, J
ACTS & SECTIONS REFERRED
Criminal Procedure Code, 1973 (CrPC) — Section 438 · Penal Code, 1860 (IPC) — Section 379
RESULT
Allowed
CASE NUMBER
M.Cr.C. No. 3366 of 2005
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Judgment

9 paragraphs · 347 words

Sunil Kumar Sinha, J.—Heard.

2.

This is an application filed u/s 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 526/2005, registered at Police Station-Saraipali, District -Mahasamund (C.G.) for the offence punishable u/s 379 of the IPC and Section 135(A) of the Electricity Act.

The case of the prosecution is that on a search being made by the Electricity Department, it was found that the applicant had taken illegal connection of electricity from the main line to his Ice Factory by using 75 ft. long wire. It is stated that a demand of Rs. 8118/- on account of aforesaid illegal connection/consumption was raised by the Electricity Department.

Learned Counsel for the applicant submits that the applicant has already paid the amount of demand raised by the Electricity Department. He draws the attention of this Court towards the document filed through IA No. 135/2006, which is the photocopy of the recent receipt dated 3-1-2006 showing deposit of Rs. 8118/- by the applicant with the Electricity Department. Learned Counsel prays for releasing the applicant on anticipatory bail.

On the other hand, learned Counsel for the State opposes the bail application.

Considering the facts and circumstances of this case, particularly considering the circumstance that the entire amount of demand raised by the Electricity Department has been paid by the applicant, I am of the opinion that present is a fit case in which the applicant should be extended the benefit of Section 438 of the Code of Criminal Procedure at this stage.

His application filed u/s 438 of the Code of Criminal Procedure is allowed.

It is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the Officer arresting him.

This order shall remain in force for a period of six weeks from today, during which the applicant may apply for regular bail before the concerned Court.