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High Court Of ChhattisgarhMCRC/2037/2018allowed

Rahul Punjabi v. State Of Chhattisgarh

2018-03-28Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2037 of 2018 Rahul Punjabi S/o Anil Kumar Punjabi Aged About 22 Years R/o- Gali No. 02, Katora Talab, Post Office- Raipur, Police Station- Civil Line, Raipur, Tahsil And District- Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through- The Station House Officer, Police StationTikrapara, District- Raipur, Chhattisgarh. ---- Respondent For Applicant : Mr. Shivendu Pandya, Advocate For State/respondent : Mr. Anil S. Pandey, Govt. Advocate Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 28/03/2018 1.

This is the first 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.371/2017, registered at Police Station - Tikrapara, District - Raipur (C.G.), for the offence punishable under Section 327/34 of the Indian Penal Code. 2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 22.02.2018. Charge-sheet in this case has been filed after completion of investigation and no case is made out against this

applicant on the basis of the material present in the charge-sheet. Hence, prayed that the applicant may be enlarged on bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect. 4.

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

5.

The allegation against this applicant is this that he demanded money from the complainant to buy liquor and on refusal of the complainant, he assaulted him with hands and fists. Hence, this case. 6.

Considered on the submissions made and the contents of the case diary. Further considering the nature of allegations and the fact that case is presently before the trial Court, which is likely to take sometime for its completion, hence for this reason, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

It is directed that 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram