High Court Of ChhattisgarhMCRC/570/2019allowed

Mantu Tamarakar v. State Of Chhattisgarh

2019-02-08Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 570 of 2019 • Mantu Tamarakar S/o Late Chhotelal Tamrakar Aged About 23 Years R/o Nawapara, Godhanpur Road, Ambikapur, P. S. Gandhinagar, District Surguja Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Gandhinagar, Civil And Revenue District Surguja Chhattisgarh ---- Respondent For Applicant : Mr. Umesh Pandey, Advocate.

For Respondent/State : Mrs. Smriti Shrivastava, PL.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 08/02/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 299/2018, registered at Police Station Gandhinagar, District Surajpur (C.G.) for the offence punishable under Section 294, 506 & 436 of the IPC.

2. As per prosecution story, on 18.12.2018 at around 9 PM, due to some previous dispute, the applicant entered in the house of the complainant namely Arvind Devnath and fired his motorcycle which was standing in his courtyard. On the basis of said, offence has been registered and the applicant is in custody since 20.12.2018.

3. Learned counsel appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the present case due to some previous dispute. He further submits that the applicant is in custody since 20.12.2018, charge-sheet has already filed and trial will take some time, therefore, he may be released on

bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that the applicant is in custody since 20.12.2018, charge-sheet has already filed and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one local solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham