NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 511 of 2024 Ashish Shukla Son of Late Sidhanath Shukla Aged About 40 Years Resident of Gandhi Chowk, Balodabazar, District - Balodabazar-
Bhatapara, Chhattisgarh.
---- Applicant Versus State of Chhattisgarh Through - The Station House Officer, Police Station City Kotwali Balodabazar, District - Balodabazar-Bhatapara, Chhattisgarh.
---- Non-applicant (Cause Title is taken from the Case Information System)
For Applicant : Mr. Raghvendra Pradhan, Advocate. For Respondent/State : Dr. Saurabh Kumar Pande, Dy. A.G.
Hon'ble Shr i Ramesh Sinha, Chief Justice
Order on Board
13.05 . 20 24
1. The applicant has preferred this first bail application under Section
438 of Cr.P.C. for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 250/2024, registered at Police Station – City Kotwali, Balodabazar, District – Balodabazar-Bhatapara (C.G.) for the alleged commission of offence punishable under Sections 384 and 389/34 of the Indian Penal Code (for short IPC).
2. Case of the prosecution story, in brief, is that the police during the investigation enquired the victim Amrish Sahu and recorded his 161 CrPC statement, in which this fact have been revealed that the applicant along with other co-accused persons have extorted money from him in relation to the incident of making available some unknown girl to him and for implication of him in any criminal case.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant got the information from the news paper about the registration of FIR against him, whereas he do not have any relation with the happening of the case and by reading the news paper, he got to know that some persons have implicated him by making false story in relation to the offences against him. He further submits that the applicant is having respectable position in the society and he is the District Head of Daily News Paper “Bhaskar Doot” and also related to Dainik Bhaskar News Paper, whereas the applicant sometimes earlier was having some disputes with the other members of press club, which was established by the members of press-club and because of the said incident, some post-holder of the said press club, having enmity with the present applicant and there is every possibility that the present applicant have been falsely implicated in the false case of extortion only to diminish his image in the society. The applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Hon’ble Court. The applicant is permanent resident of address mentioned in the cause title and there is no chance of absconding, therefore, the Hon'ble Court may kindly be pleased to consider it and grant anticipatory bail to the applicant.
4. On the other hand, learned counsel for the non-applicant-State opposes the submission made by the learned counsel for the applicant and submits that this is a case of honey trapping and during the course of investigation, memorandum statements of the co-accused persons have been recorded, in which they have stated about the involvement of the present applicant in the offence in question, therefore, he is not entitled for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the nature and gravity of the offence and material on record in the case diary also considering the facts and circumstances of the case that this is a case of honey trapping and during the course of investigation, memorandum statements of the co-accused persons have been recorded, in which they have stated about the involvement of the present applicant in the offence in question, I am not inclined to grant anticipatory bail to the applicant.
7. Accordingly, the anticipatory bail application of the applicant –
Ashish Shukla, filed under Section 438 of Cr.P.C. involved in Crime No. 250/2024, registered at Police Station – City Kotwali, Balodabazar, District – Balodabazar-Bhatapara (C.G.) for the alleged commission of offence punishable under Sections 384 and
389/34, is rejected.
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