Mohardas Gayakwad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1298 of 2019 Mohardas Gayakwad, S/o late Shri Sujanik Gayakwad, aged about 68 years, R/o Village Bhandarpuri, Police Station Arang, District Raipur (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Arang, District Raipur (CG). ---- Non-applicant For Applicant : Mr. B.L. Sahu, Advocate.

For Non-applicant : Mr. Vikram Dixit, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 07.03.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the counsel for the State in connection with crime No.23/2019 registered at Police Station Arang, District Raipur for the offence punishable under Section 436 of Indian Penal Code.

3.

Case of the prosecution, in brief is that on 16.01.2019 at about 12:00 p.m., the applicant sat the house of the complainant Gunj Ram Dahariya on fire and caused damage of Rs.80,000/- to him. 4.

Counsel for the applicant submits that the applicant has not committed any offence. He is innocent and has been falsely implicated in the present case, therefore, he may be released on bail. 5.

On the other hand, counsel for the State opposes bail application, however, he submits that no criminal antecedent is reported against the applicant in police case diary.

6.

Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs.25,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned, he be released on bail.

7.

Certified copy as per rules.

SD/- (Sharad Kumar Gupta) JUDGE L/-