BENSON CRAIG Vs. STATE OF CG

JUDGEMENT

(1.) THE accused/petitioner Benson Craig has preferred this application under Section 438 of the Cr.P.C, apprehending arrest in Crime No.458/2004 registered by G.R.P., Dongergarh, District Rajnandgaon (C.G.), for commission of offence punishable under Sections 420. 171, 419 of the I.P.C., for releasing him on anticipatory bail. A case against Mohan Singh, Anil Singh, Satyanarayan, Umesh Singh, Munna alias Mritunjay and Billu alias Wilson has been filed on the allegation that, they, on the allurement to return 3 against 1, obtained Rs. 29,500/- from Lallan Kumar and Shannobai and grabbed the amount. Petitioner's contention is that, the amount, as per the prosecution, was received by one M.Z. Ali. The petitioner has not been named in the F.I.R. All the accused, except him, have been released on bail by the Sessions Court. Learned Deputy Government Advocate for the State conceded that, the name of Billu alias Wilson is the name of M.Z. Ali has been known from other accused only, and there is no independent witness to support it. Taking into consideration all the facts, the petition, filed under Section 438 of the Cr.P.C, is allowed, and it is directed that, in the event of arrest, if the petitioner, abiding with all the conditions as enumerated under Section 438 of the Cr.P.C, furnishes a personal bond of Rs. 50,000/- (Rupees Fifty Thousand) with two solvent sureties of the like sum to the satisfaction of authority arresting, he be released on bail for a period of two months from today. In the meanwhile, the petitioner will be entitled to file application for grant of regular bail in the concerned Court, and that application shall be decided on its own merit. Anticipatory Bail Granted.