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Akhil Upadhyay S/o Onkar Nath Upadhyay v. State Of Chhattisgarh

Akhil Upadhyay S/o Onkar Nath Upadhyay v. State Of Chhattisgarh

(High Court Of Chhattisgarh)

MCRCA No.179 of 2023 | 15-02-2023

1. With the consent of the parties, the matter is heard finally at motion hearing stage itself.

2. The applicant has preferred this application under Section 438 of Code of Criminal Procedure, 1973 for grant of anticipatory bail in connection with Crime No.3/2022 registered at Police Station Jaynagar, District Surajpur (CG) for the commission of offence punishable under Sections 379 of IPC and 41(4) of Cr.P.C.

3. Case of the prosecution is that on 25.06.2022, the police seized three tonnes of the coal, which was stored in Madhav Bricks Factory at Village Majira, Police Station Surajpur and the cost of seized coal was about Rs.30,000/-. Consequently, FIR was registered against the present applicant for the offence punishable under Section 379 of IPC and 41(4) of Cr.P.C.

4. Learned counsel for the applicant would submit that at that time, the applicant could not produce the original bills. He would further submit that he is running a Brick Kiln and the coal which was seized by the police, is purchased by him through a bill where he has paid GST also. He would pray for grant of bail.

5. On the other hand, learned counsel for the State would oppose the prayer for grant of anticipatory bail.

6. Considering the fact that the applicant is the owner of the Brick Kiln and he has produced GST bill of seized coal, I am inclined to enlarge the applicant on bail by extending the benefit of Section 438 of Cr.P.C. Accordingly, the instant MCRCA is allowed.

7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- to the satisfaction of the concerned arresting officer, he shall be released on bail, on following conditions :-

(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 fact to the Court,

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

Advocate List

  • Mr. Sanjay Agrawal, Advocate

  • Mr. Avinash K. Mishra, G.A.

Bench
  • Hon'ble Shri Justice Rakesh Mohan Pandey
Eq Citations
  • LQ
  • LQ/ChatHC/2023/47
Head Note

Criminal Procedure Code, 1973 — Ss. 438 and 439 — Anticipatory bail — Anticipatory bail granted — Applicant running a Brick Kiln — Police seized three tonnes of coal stored in his factory — FIR registered against him for offence punishable under Ss. 379 IPC and 41(4) Cr.P.C. — Applicant produced GST bill of seized coal — Hence, applicant enlarged on bail — Penal Code, 1860 — S. 379 — Criminal Procedure Code, 1973, S. 41(4) (Paras 3 to 7)