Chattisgarh High Court
Vijay Lal Jaiswal vs State Of Chhattisgarh on 21 January, 2022
Author: Narendra Kumar Vyas
Bench: Narendra Kumar Vyas
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRCA No. 1436 of 2021
1. Vijay Lal Jaiswal S/o Late Chakroram Jaiswal Aged About 50 Years R/o
Saradih, P.S. And Tehsil Dabhra District Janjgir - Champa
(Chhattisgarh), District : Janjgir-Champa, Chhattisgarh
2. Smt. Ganga Bai W/o Vijay Lal Jaiswal Aged About 47 Years R/o Saradih,
P.S. And Tehsil Dabhra District Janjgir - Champa (Chhattisgarh),
District : Janjgir-Champa, Chhattisgarh
3. Ganesh Ram Jaiswal S/o Vijay Lal Jaiswal Aged About 23 Years R/o
Saradih, P.S. And Tehsil Dabhra District Janjgir - Champa
(Chhattisgarh), District : Janjgir-Champa, Chhattisgarh
---- Applicants
Versus
• State Of Chhattisgarh Through Station House Officer, P.S. Dabhra,
District Janjgir-Champa (Chhattisgarh), District : Janjgir-Champa,
Chhattisgarh
---- Respondent
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For Applicants : Mr. Basant Dewangan, Advocate.
For State : Mr. Kunal Das, Panel Lawyer
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Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 21-01-2022
1. The applicants have preferred the first bail application under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail as they are apprehending their arrest in connection with Crime No. 425 of 2021 registered at Police Station Dabhra, Tehsil Sakti, District Janjgir-Chamlpa (CG) for the offence punishable under Sections 294, 323, 506, 34 of IPC and Sections 4 & 5 of the Chhattisgarh Tonahi Prartadna Nivaran Act, 2005 (for short, "the Act, 2005").
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2. The case of the prosecution, in brief, is that the complainant namely Guruvari Bai lodged a report in Police Station stating therein that she and the applicants reside nearby to each other and on the date of incident ie., on 1-8-2021, the water pipeline of the Municipal Corporation was burst as a result of which water started flowing towards the house of the complainant. When the complainant asked the applicants to stop overflowing of the water which was coming from in front of the house of the applicants, the applicants came out of their house and started abusing the complainant and they have made certain remarks against her. On the basis of report lodged by the complainant Police registered the FIR against the applicants for offences punishable under sections as mentioned above.
3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in this case and from perusal of FIR no case under Sections Sections 4 & 5 of the Act, 2005 is made out and as per Section 2(1) of the Act, if any person harms or possesses power to harm or thereby he intends to harm any other person or persons or society or animal or living things by lack magic, evil eye or by any other means, whether known as Dayan, Tonaha or by any other names, then only offence under Section 2 (1) can be made out. He would further submit that the Police authorities without applying their own mind and without any investigation straightaway lodged FIR against the applicants. He would further submit that the applicants are permanent residents of Saradih, Police Station and Tehsil Dabhra, Dist. Janjgir Champa and they are ready to abide all the directions and conditions that may be imposed by this court, therefore, the present applicant can be extended the benefit of anticipatory bail. 3
4. On the other hand, learned counsel for the State opposes
5. I have heard learned counsel for the parties and perused the record.
6. Taking into consideration entire facts and circumstances of the case, nature of allegations leveled against the applicants, without commenting anything into the merits of the the case, I am inclined to release the present applicants on anticipatory bail
7. Accordingly, bail application is allowed and it is directed that in the event of arrest of the applicants in connection with aforesaid offence, they shall be released on anticipatory bail on each of them furnishing a personal bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with one surety in the like sum to the satisfaction of the arresting office and they shall be abide by the following conditions.
(I) They shall make themselves available
for interrogation by a Police office as
and when required;
(ii) They 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 them from
disclosing such facts to the court or to
any Police Officer; and
(iii) They shall not influence the witnesses
during pendency of the trial.
Certified copy as per rules.
Sd/-
(Narendra Kumar Vyas)
Judge
Raju