Chattisgarh High Court
Tikam Singh vs State Of Chhattisgarh on 8 August, 2022
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRCA No. 629 of 2022
1.
Tikam Singh S/o Tuleshwar Singh, Aged About 45 Years Employees
Of Cholamandalam Investment And Finance Company Ltd Branch
Office Raipur Road, District : Kawardha (Kabirdham), Chhattisgarh
2. Ram Karan Singh Rajput S/o Ratan Singh Rajput Aged About 35
Years Collection Executive, Employees Of Cholamandalam
Investment And Finance Company Ltd Branch Office Raipur Road,
District : Kawardha (Kabirdham), Chhattisgarh
3. Umesh Kumar Chandravanshi S/o Brijesh Chandravanshi, Employees
Of Cholamandalam Investment And Finance Company Ltd Branch
Office Raipur Road, District : Kawardha (Kabirdham), Chhattisgarh
---- Petitioners
Versus
• State Of Chhattisgarh Through P.S. Kawardha, District : Kawardha
(Kabirdham), Chhattisgarh
---- Non-Applicant
For Applicant : Shri Mukesh Sharma, Advocate.
For Non-Applicant : Shri BL Sahu, Panel Lawyer.
Hon'ble Shri Deepak Kumar Tiwari, J
Order On Board
08/08/2022 :-
1. The applicants have preferred this application for grant of anticipatory
bail as they apprehend their arrest in connection with Crime
No.26/2022, registered at Police Station Kawardha, District Kabirdham
for offence punishable under Section 392/34 of the IPC.
2. Case of the prosecution is that, on 29.06.2018, complainant Satvant
Mishra availed finance services for purchasing a truck bearing
registration No. CG09 J 7744 for an amount of Rs.14,00,000/-,
thereafter, on 19.08.2019, he availed top-up facility for aforesaid loan
for Rs. 3,00,000/-. Finance agreements were executed between
Cholamandalam Investment and Finance Co Ltd. During lock-down,
due to financial problem, installment of four months from December
2020 to March 2021 was not deposited by the applicant. On
08.04.2021, driver Rajendra Tiwari had left Raipur for Madhya
Pradesh after loading 25 tonnes of bars in the truck bearing
registration No. CG09 J 7744. About 10:00 pm, the said vehicle was
parked by the driver near Transport Nagar Kawardha, then the
applicant came there along with accused persons and started abusing
the driver and assaulted him and thereafter, they committed loot and
ran away. Based on this, offence was registered against the present
applicant.
1. Learned counsel for the applicant submits that the applicants are
innocent and have been falsely implicated. The offence alleged is not
made out against them. The applicants are employees of the finance
company and they were deputed for collection of the loan amount.
The vehicle was seized at Jabalpur by the other agency and co-
accused Ravi Kumar Singh has been granted anticipatory bail by the
coordinate Bench vide MCRCA No.98/2022 on 19.4.2022. Learned
counsel would also place reliance on the judgment of the Hon'ble
Supreme Court in the matter of Sardar Trilok Singh Vs. Satya Deo
Tripathi {AIR 1979 SC 850}. In the said matter, in similar
circumstances, there was bonafide civil dispute which led to seizure of
truck and criminal prosecution was quashed.
2. Learned State Counsel would oppose the prayer for grant of
anticipatory bail.
3. Having considered the submissions as also the nature of accusation
and without commenting anything on the merits of the case, I am
inclined to release the applicants on anticipatory bail.
4. Accordingly, the Application is allowed and it is directed that in the
event of arrest of the applicants, they shall be released on anticipatory
bail on each of them executing a personal bond for a sum of
Rs.25,000/- with one surety in the like sum to the satisfaction of the
arresting officer with the following conditions:-
(i) they shall not influence the witnesses during trial.
(ii) they shall make themselves available for interrogation by a police
officer as and when required;
(iii) 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 him from disclosing such facts to the Court or to any police
officer.
Sd/-
(Deepak Kumar Tiwari)
Judge
Barve
