Deepak Kumar Paneriya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.2644 of 2016 Deepak Kumar Paneriya, S/o-Bijendra Kumar Paneriya, Aged about 25 years, Caste-Panika, R/o-Village-Sarola, Police Station-Pondi, TehsilManendragarh, District-Koriya C.G. ---Applicant

Versus

State of Chhattisgarh Through-Police Station-Pondi, District-Koriya (CG) ---Non-applicant For Applicant :

Mr. Pawan Kesharwani, Advocate For Non-applicant :

Mr. Vivek Shinghal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 16/06/2016 1.

This is the second 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.189/2015, registered at Police Station-Podi, District-Koriya (CG), for the offence punishable under Sections 354 and 452 of the IPC.

2.

This is second bail application. First bail application of the applicant has been dismissed as withdrawn vide order dated 10.2.2016 in M.Cr.C.No.503 of 2016.

3.

Learned counsel for the applicant would submit that now the charge-sheet has been filed and statement of the complainant has already been recorded. There is no chance of tempering the prosecution witnesses and no further interrogation of the applicant is required.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

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

6.

Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, the fact that statement of the complainant has been recorded and the applicant is in jail since 31.12.2015, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

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/- (Sanjay K. Agrawal) JUDGE B/-