Gupteshwar @ Tillu Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 385 of 2020 • Gupteshwar @ Tillu Tiwari S/o Late Prakash Tiwari Aged About 21 Years Caste - Brahaman R/o Village - Changurda, Post Office And Police Station - Gatapar, Tahsil - Khairagarh, District - Rajnandgaon Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station - Mohgaon, District - Rajnandgaon Chhattisgarh ---- Respondent For Applicant : Shri Shivendu Pandya, Advocate For Respondent/State : Shri Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 27/02/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.03/2019 registered at police station Mohgaon, district Rajnandgaon (CG) for the offence punishable under Sections 170, 171, 385 and 419 IPC.

Case of the prosecution in brief is that on receiving secret information, the police reached the area where the applicant was threatening the public by wearing the uniform, resembling the police. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is in jail

since 18.07.2019; the offence is triable by the Magistrate and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna