Narendra Thapa v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 246 of 2019 Narendra Thapa, son of Mangal Thapa, aged about 21 years, R/o Ghasidas Nagar, Quarter No.32, Police Station Jamul, District Durg (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Jamul, District Durg (CG).

---- Non-applicant For Applicant : Mr. Sanjay Kumar Agrawal, Advocate.

For Non-applicant : Mr. Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 31.01.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the counsel for the State in connection with crime No.581/2017 registered at Police Station Jamul, District Durg for the offence punishable under Sections 294, 506 Part-2, 307 of IPC. 3.

Case of the prosecution, in brief is that complainant M. Lokesh is aged about 45 years old. She is a resident of village Jamul Bhilai. On 14.11.2017 at about 11:00 p.m. in front of Vasuki School, the applicant abused the said complainant and gave threat to kill him and beat him by bamboo clubs. The said complainant got injuries on his hand and mouth. 4.

Counsel for the applicant submits that the applicant has not committed any offence. He is innocent and has been falsely implicated in the present case, therefore, he may be released on bail.

5.

On the other hand, counsel for the State opposes the prayer for grant of bail to the applicant, however, he submits that no criminal antecedent is reported against the applicant in police case diary. 6.

As per true copy of statement of complainant M. Lokesh he turned hostile in the trial Court and stated that the applicant had not beaten him. 7.

Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned, he be released on bail. 8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-