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2018 Supreme(Chh) 596

SANJAY K.AGRAWAL
Surendra Dubey, S/o Gend Ram Dubey – Appellant
Versus
State of Chhattisgarh, Through the Station House Officer, Police Station Khursipar, Bhilai – Respondent


Advocates Appeared:
For the Applicant :Dr. N.K. Shukla, Senior Advocate with Mr. Vikram Sharma, Advocate
For the Non-applicant :Mr. R.N. Pusty, Govt. Advocate, Mr. Y.C. Sharma, Advocate

ORDER :

1. Apprehending arrest in connection with Criminal Complaint Case No.6398/2017 pending in the Court of Judicial Magistrate First Class, Durg, registered at Police Station Khursipar, Bhilai, Distt. Durg, for the offence punishable under Sections 120B, 420, 467 and 468 of the IPC, the applicant has filed this application under Section 438 of the CrPC for grant of anticipatory bail.

2. In a criminal complaint filed by non-applicant No.2 herein, offence under Sections 120B, 420, 467 and 468 of the IPC was registered at Police Station Khursipar, Bhilai, Distt. Durg, against the applicant in which warrant of arrest has been issued against him.

3. Learned Senior Counsel appearing for the applicant submits that offence has been registered against the applicant on 22-7-2017 and summons were issued which received unserved and thereafter, bailable warrant was issued which also received unserved and straightway, warrant of arrest has been issued which is contrary to the well settled law in this regard. Only in case of service of summons and bailable warrant, if accused remains absconding, then only non-bailable warrant would be issued.

4. Learned State counsel and learned counsel for the c
























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