High CourtsSingle Bench

Suraj Tandon & Ors. vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 25 April 2018 · Citation: (2018) 04 CHH CK 0308

HON’BLE JUDGES
ARVIND SINGH CHANDEL, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 392, 427, 294, 323, 147, 148, 395
RESULT
Allowed
CASE NUMBER
M.Cr.C.(A) No.205 of 2018
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Judgment

17 paragraphs · 323 words
1.

The Applicants are apprehending their arrest in connection with Crime No.24 of 2018 registered at Police Station Vidhan Sabha, District Raipur for

an alleged offence punishable under Sections 392, 427, 294, 323, 147, 148 and 395 of the Indian Penal Code.

2.

Facts of the case are that on 16.1.2018, the Complainant lodged a report making allegation that the present Applicants and other co-accused

persons have committed robbery during the work of digging leased mines and damaged the instruments relating to the digging of mining materials. On

the basis of the said report, police registered aforementioned Crime No.24 of 2018.

3.

Learned Counsel appearing for the Applicants submits that the Applicants are innocent. They have been falsely implicated in the case. Applicant

No.1 is an Up-Sarpanch of Village Dondekhurd, Applicant No.2 is a student and Applicant No.3 is the District Mantri of Vidhan Sabha Mandal,

Bhartiya Zila Yuva Morcha. It is further submitted that illegal construction of mining has been made by the Complainant, therefore, the present

Applicants and other villagers had forced him not to do so and in this regard several representations have been made by the present Applicants and

other villagers for necessary action. Therefore, the false complaint has been lodged against the present Applicants. They are permanent residents of

the said village and there is no possibility of their absconding.

4.

Learned Counsel appearing for the State/Respondent opposes the prayer for grant of anticipatory bail. He submits that there is sufficient evidence

on record that the Applicants are involved in the offence.

5.

I have heard Learned Counsel appearing for the parties and perused the material collected so far with due care.

6.

Taking into consideration the facts and circumstances of the case, the submissions put-forth and that there is prima facie sufficient evidence

available against the Applicants, I am not inclined to allow the application for grant of anticipatory bail.

7.

Accordingly, the bail application is rejected.