- (1.)THE applicant has preferred this application under Section 438 of Crpc for grant of anticipatory bail as he apprehends arrest in connection with criminal Case No. 535 of 2006, pending in the Court of Judicial Magistrate First Class, raigarh, for offence punishable under Sections 465, 466, 467 and 471 of the IPC.
(2.)CASE of the prosecution, in brief, is that on the complaint of non-applicant No. 2, the aforesaid offence was registered and summon was issued to the applicant. He was granted bail by the trial Court on 23. 6. 2002 (Annexure A4 ). Allegation against the applicant is that by manipulating the service record, the applicant changed his date of birth from 7. 6. 1937 to 7. 6. 1939. The revision, preferred by the non-applicant No. 2 against the order of grant of bail was allowed by this Court vide order dated 28th April, 2008 and the applicant was directed to surrender before the trial Court on or before 12th May, 2008.
(3.)LEARNED counsel for the applicant contended that he was released on regular bail by the trial Court in the year 2002 and he did not abuse the bail granted to him till date. The order of the bail has been set aside on the ground that the trial Court had no jurisdiction to grant bail for offence under section 467 of IPC as the same is punishable with imprisonment for life and he has been directed to surrender before the trial court. It was further argued that the complaint was lodged at the fag end of his service career with ulterior motive. On the complaint of the non-applicant No. 2, Collector raigarh directed enquiry and the District education Officer vide his report dated 11. 12. 2000 (Annexure A 6) apprised the collector that the date of birth mentioned in the Service Book of the applicant is correct.
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