Chattar Singh@Niku Singh vs. State Of Odisha

Facts

The petitioners, Chattar Singh @ Niku Singh and others, are implicated in Raghunathpalli P.S. Case No. 137 of 2019, corresponding to G.R. Case No. 934 of 2019. This case was registered for alleged offences under Sections 419, 420, 120-B, 467, and 468 of the Indian Penal Code, and is pending before the learned S.D.J.M., Panposh. The petitioners have filed an application before the High Court of Orissa at Cuttack seeking anticipatory bail. The Court heard learned counsel for the petitioners and the Senior Standing Counsel for GST. The Court also considered the rejection of a similar anticipatory bail prayer for a co-accused in ABLAPL No. 8233 of 2019.

Held

The Court held that the petitioners are not entitled to anticipatory bail. The decision was based on a consideration of the submissions made by both parties, the nature of the accusations against the petitioners, and their alleged role in the commission of offences as revealed by the materials on record. Furthermore, the Court took into account the fact that a similar prayer for anticipatory bail made by a co-accused in ABLAPL No. 8233 of 2019 had been rejected by this Court. Consequently, the Court found that the present case was not a fit one for granting anticipatory bail to the petitioners. The application for anticipatory bail was accordingly dismissed.

Key Issues

1. Whether the petitioners are entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973, considering the nature of the accusations and their alleged role in the commission of offences under Sections 419, 420, 120-B, 467, and 468 of the Indian Penal Code. Petitioner's Contention: The petitioners argued for the grant of anticipatory bail, relying on the general principles of anticipatory bail and the circumstances of their alleged involvement. Revenue/State's Contention: The Senior Standing Counsel for GST appeared before the court. The judgment does not explicitly record the specific arguments made by the State or Revenue, but their presence indicates opposition or a stance against the grant of anticipatory bail.