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High Court Of ChhattisgarhMCRC/1976/2021allowed

Thoko @ Rajeshwar Maravi v. State Of Chhattisgarh,

2021-07-06Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1976 of 2021 Thoko @ Rajeshwar Maravi, S/o. Shri Tiwari Ram Maravi, Aged About 30 Years, R/o. Village Jamgala, Police Station & Tahsil Lakhanpur, District Sarguja Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through - Station House Officer, Police Station Lakhanpur, District Sarguja Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Ms. Sangeeta Soni, Advocate For Respondent :

Mr. Anmol Sharma, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri

ORDER

06.07.2021 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 have been arrested in connection with Crime No.11/2021 registered at Police Station Lakhanpur, District Sarguja, for the offence punishable under Sections 294, 323, 354, 394 of Indian Penal Code.

2.

As per the prosecution case, on 03.01.2021 the complainant had gone to attend certain function wherein DJ sound was playing, subsequently on certain issue the dispute arose and while the complainant along with her husband were returning from the function they were stopped on the road and they were assaulted and some amount was also looted.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated. He submits that on some trivial issue it has been inflated and the injury is simple in nature. He further submits that the applicant is in jail since 27.01.2021, the charge

sheet has been filed and no further investigation is required; therefore, the applicant may be released on bail. 4.

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

5.

Considering the facts & circumstances and the nature of allegation and further taking into fact that the applicant is in jail since 27.01.2021, the charge sheet has been filed and no further investigation is required, I am inclined to release the applicant on bail. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

6.

It is directed that the applicant shall 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 trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok