High Court Of ChhattisgarhMCRC/700/2018allowed

Ashok Kumar Sahu v. State Of Chhattisgarh

2018-03-27Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 700 of 2018 • Ashok Kumar Sahu S/o Hariprasad Sahu Aged About 35 Years R/o Village Khada, Police Station Patna, Tahsil Baikunthpur, District Korea Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police of Police Station Patna, District Korea Chhattisgarh ---- Respondent For Applicant :

Shri Anil Gulati, Advocate For Respondent-State :

Ms. Astha Shukla, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 27/03/2018

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 25.12.2017 in connection with Crime No.282/2017 registered at Police Station Patna, District-Korea (CG) for the offence punishable under Section 394 r/w Section 34 of the I.P.C.

2. As per the prosecution case, a report was made by one Vicky Jaiswal that on 22.10.2017 the present applicant has looted a mobile, gold chain and the ring from him after he was called by the applicant to have a conversation. As such the offence has been committed.

3. Learned counsel for the applicant submits that the incident happened because of the fact that the daughter of the applicant was having an affair with Vicky Jaiswal, the complainant, which was objected by the present

applicant and the allegations have been inflated, therefore, the applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Perused the statement of Bahadur Jaiswal and the daughter of the applicant Roshni Sahu. Considering the same, the nature of allegations and also taking into background of the case and also that the charge-sheet in this case has been filed, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Goutam Bhaduri Judge Ashu