High Court Of ChhattisgarhMCRC/1439/2016allowed

Ramakant Shukla v. State Of Chhattisgarh

2016-03-15Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1439 of 2016 Ramakant Shukla, S/o Shri Arvind Shukla, aged about 27 years, R/o Village Makri, Police Station Kunda, Civil and Revenue District Kabirdham (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through S.H.O., Police Station Kunda, Civil and Revenue District Kabirdham (C.G.) ---- Non-applicant For Applicant:

Mr. V.A. Goverdhan, Advocate.

For Non-applicant:

Mr. Aditya Sharma, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15/03/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.28/2016, registered at Police Station Kunda, Distt. Kabirdham, for the offence punishable under Sections 341, 294, 506, 186 and 353 of the IPC.

2. Case of the prosecution, in brief, is that on 15-2-2016, the applicant used criminal force and deterred a police constable form discharging his duty and thereby committed the offence.

3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in the case. The applicant is in jail since 16-2-2016 and charge-sheet has been filed. No custodial interrogation of the applicant is required.

4. On the other hand, learned State counsel would oppose the

application.

5. I have heard learned counsel for the parties and gone through the case diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the applicant, his pretrial detention and charge-sheet has already been filed, I am of the view that it is a fit case to grant regular bail to the applicant. Accordingly, the application is allowed.

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

Sd/- (Sanjay K. Agrawal) Judge Soma