Rajesh Sarathi v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 192 of 2019 • Rajesh Sarathi, S/o Aghanu Sarathi, aged about 28 Years, R/o Village Amapali, P. S. and Tahsil Lailunga, Civil & Revenue District-Raigarh Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through The Officer-In-Charge, P S.-Lailunga, District-Raigarh, Chhattisgarh.

---- Respondent __________________________________________________________ For Applicant :

Mr. Ashutosh Mishra, Advocate.

For Respondent/State :

Mrs. Smita Jha, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 26/02/2019

1. The applicant has preferred this bail application under Section 438 of Cr.P.C. apprehending his arrest in connection with Crime No.06/2019 registered at Police Station-Lailunga, District - Raigarh (C.G.), for the offence punishable under Sections 304 & 201/34 of the Indian Penal Code and Section 135 of the Electricity Act.

2. Learned counsel for applicant submits that applicant is innocent and has been falsely implicated in this case. No case is made out against this applicant. This applicant can be at best held liable for the offence punishable under Section 201 of IPC only, which is bailable in nature. Hence, it is prayed that applicant be benefited with grant of anticipatory bail.

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3. Learned State counsel opposes the bail application and the submissions made in this respect. It is further submitted that the application itself is not maintainable and therefore the same is liable to be rejected as such.

4. Heard both the parties and perused the case diary.

5. The allegation against this applicant is this that he suppressed the information from the police which he had in his knowledge and the same amounts to an offence punishable under Section 201 of IPC, which is a bailable offence. Thus, the applicant is entitled to be released on bail in case he is arrested by any Police Officer. For this reason, this application is not maintainable which is disposed off.

6. Accordingly, the application is disposed off. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha