Deepak Rajput v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 720 OF 2016 Deepak Rajput, aged about 30 years S/o Jeevan Lal Rajput, R/o Ward No. 15 Sargaon, Police Station Pathariya, District Mungeli (Chhattisgarh) ---Applicant

Versus

The State of Chhattisgarh, Through: Police Sahayata Kendra Sargaon, Police Station Pathariya, District Mungeli (Chhattisgarh) ---Non-applicant For Applicant :

Mr. S.C. Verma, Advocate For Non-applicant :

Ms. Astha Shukla, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 24/02/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 286/2015, registered at Police Sahayata Kendra Sargaon, Police Station Pathariya, District Mungeli (C.G.), for the offence punishable under Sections 294, 147, 506, 186, 353, 332, 451, 427, of the Indian Penal Code and 139 of

Electricity Act,2003.

2.

Case of the prosecution, in brief, is that, on 03/07/2014 applicant and six other co-accused persons entered the office of Electricity Sub-Station, Sargaon and assaulted the employees of Electricity Board on account of improper supply of electricity and detered them for discharging public functions and damaged window and panel of the said Office and thereby committed aforesaid offence. 3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in this case. He would further submit that no custodial interrogation is required and no useful purpose would be served by keeping him in jail. He would lastly submit that applicant is in jail since 19/01/2016 therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State would oppose the bail application and submit that applicant is absconding for six months.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances

of the case; further taking into consideration the nature and gravity of offence; role of the applicant and pretrial detention of the applicant , this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Tiwari