Mukesh Soni @ Bujji v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Mukesh Soni @ Bujji, S/o Ramchandra Soni, Aged about36 years; Occupation- Private Service, R/o Kotara Road Rajeev Nagar Gali No.-01 Raigarh, P.S. City Kotwali, Tah. & Distt.- Raigarh (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through :Police Station - City Kotwali, Tah. & Distt. Raigarh (C.G.) -----Non-applicant For Applicant:

Mr. Vineet Kumar Pandey, Advocate.

For Non-applicant/State:Mr. Aditya Sharma, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 4 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 64/2016 registered at Police Station City Kotwali, Tah. & Distt.- Raigarh (C.G.) for the offences punishable under Sections 294, 506(B), 323 & 327/34 of Indian Penal Code. (2) Case of the prosecution, in brief, is that applicant causes voluntarily hurt to extort Rs.500/- from the complainant and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that applicant has been

falsely implicated in the offence in question as he is nothing to do with the same. He further submits that applicant is in jail since 03.02.3016 and the charge sheet is yet to be filed but substantial investigation has already been completed and, therefore, the applicant may be released on bail.

(4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; role of the applicant in the offence in question; pre trial detention and the fact that substantial investigation has already been completed; this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed.

(6) Accused/applicant is directed to be released on bail on his executing a personal bond in the 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 to him by the said Court till disposal of the trial. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-