Citation : 2022 Latest Caselaw 595 Chatt
Judgement Date : 2 February, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
CONT No. 149 of 2022
Mohit Agrawal & Others Versus Manish Nagar T.I./SHO & Others
02/02/2022 Proceeding through video conferencing.
Shri Priyank Rathi, counsel for the applicants.
Learned counsel for the applicants would submit that initially
against the applicants case under Section 498-A was registered in
which all the applicants were granted anticipatory bail and applicant
No. 1 was arrested from 18.03.2021 to 23.03.2021 and was bailed
out. While he was in custody, he was served with a notice under
Section 91 Cr.P.C. in respect of Crime No. 912/2020 under Sections
420 and 120-B of IPC and Section 66- m of the Information
Technology Act. He would further submit that subsequently when the
applicant appeared after notice to appear in the Crime in person in
respect of the Crime 197/2021, he was taken into custody without
compliance of the judgment rendered by the Hon'ble Supreme Court
in the matter of Arnesh Kumar Vs. State of Bihar reported in (2014)
8 SCC 273. He would also submit that no reasons have been
recorded by the police officers and the gratification of Rs. 5 lac was
asked for, but having not complied the same, he had to suffer the
consequence.
Issue show cause notice to Respondents No. 1 to 3.
The original case diary in respect of the Crime No. 912/2020
shall be procured by the State Counsel forthwith.
The copy of the petition also be supplied to State counsel in
the office of the Advocate General to seek instructions.
Sd/- Sd/-
(Goutam Bhaduri) (Rajani Dubey)
Judge Judge
H.L. Sahu
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