Avinash @ Shyamu Maurya v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3207 of 2016 Avinash @ Shyamu Maurya, S/o. Shiv Kumar Maurya, Aged About 25 Years, R/o. Village - Sanjay Nagar, Ward No. 4, Akaltara, Tahsil & Police Station - Akaltara, Civil & Revenue District Janjgir-Champa, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through the Station House Officer, Police Station - Janjgir (wrongly mentioned through the District Magistrate Janjgir), Civil & Revenue District Janjgir-Champa, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Paras Mani Shriwas, Advocate For Respondent :

Mr. O.P.Sahu, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 29/06/2016 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 has been arrested in connection with Crime No.50/2016 registered at Police Station Janjgir, District Janjgir-Champa (C.G.) for the offence punishable under Sections 419, 420, 467, 468, 471, 34 of the Indian Penal Code.

2.

As per the prosecution case, a report was made by one Bhawani Lal Mishra that the applicant along-with other accused went to their Mill and thereafter demanded donation for performing some Yagya and when it was refused they abused and damaged the office. It is further case that the applicant demanded the amount being Reporter of Daily Samwad Sadhna, which was subsequently found to be forged.

3.

Learned counsel for the applicant would submit that the applicant along-with other accused have demanded donation for performing Yagya as would be evident from the statement of Mahant Giriraj Das and therefore they have been falsely implicated in this case and, as such, the applicant may be released on bail. 4.

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

5.

Perusal of the case diary would show that against the applicant five other cases were registered under different Sections of I.P.C. and Cr.P.C. and the applicant was accompanied with the other coaccused Durgesh against whom also different cases under I.P.C. and Cr.P.C. were registered. Considering the allegation and the past antecedents of the applicant as five cases were registered under different sections, I am not inclined to release the applicant on bail.

6.

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

Sd/- (Goutam Bhaduri) Judge Ashok