Sevant Lal Kashyap (Sahu) vs State Of Chhattisgarh

Ramesh Sinha, J

This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita has been filed by the applicant, who are apprehending his arrest in connection with Crime No.109/2024 registered at Police Station – Devri District-Balod (C.G.) for the offences punishable under Section 294, 323, 452, 506(B) of Indian Penal Code.

Prosecution case in brief is that the on 28/05/2024, at 07:45 in the evening, the complainant was in his house when the present applicant came in his Innova car bearing registration Number CG 17 D 1740, parked the car next to complainant's house and entered his house with the intention of attacking him in the middle of the courtyard stating that "You have given a statement to the police against me" and abused him and threatened to kill him, he held his throat with his right hand and hit him two-three times on the back with the belt. On seeing the incident, when my daughter-in-law Keshari Kashyap came, the applicant left him and grabbed complainant's daughter-in-law's neck and hand and threatened her. Bhagesh Kumar and Omprakash, residents of Khaprabhat, who were working there, saw and heard the incident and intervened.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in offence in question. He further submits that the complainant and the applicant had political and family dispute past 3-4 years. He further submits that the complainant is the cousin brother of the father of the applicant, and by profession he is an advocate in the Daundilohara Court and using his influence he prevented the Police of Police Station from lodging a report against him or his family members. He also submits that the criminal antecedents have been explained by the applicant by filing a separate affidavit in which he states that in Crime No. 581/2020 he is the complainant and not the accused. Crime No. 365/2020 registered at Police Station Lalbagh, District – Rajnandgaon the same relates to rash and negligent driving. In FIR No. 43/2020 registered at Police Station - Devri, trial has proceeded and charge-sheet has also been filed, the applicant has moved an application for discharge which has been dismissed by learned Trial Court . In FIR No. 162/2021 registered at Police Station - Devri is challenged in Cr. M.P. No. 42/2022 and FIR No. 110/2024 has been lodged by the relative of Jeevan Lal Kashyap with an intent to counter the complaint made by the applicant and there are three Istagasas which are preventive in nature. Hence, this anticipatory bail application is liable to be allowed.

On the other hand, learned State counsel as well as Objector opposed the prayer for grant of anticipatory bail.

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

Considering the facts & circumstances of the case, submissions of learned counsel for the parties and material available in case diary, it appears that there was a family dispute between the applicant/accused and the complainant and further, the applicant has previous criminal antecedents for which explanation has been given by the counsel of the applicant in the Additional Affidavit filed in this bail application. Hence, this Court deems it appropriate to grant anticipatory bail to the present applicant.

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Sevant Lal Kashyap (Sahu), on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:-

(a) 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.

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

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

(d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

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