High Court Of ChhattisgarhMCRC/2343/2018allowed

Rajesh Sahu v. State Of Chhattisgarh

2018-05-07Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2343 of 2018 Rajesh Sahu, S/o Amrit Lal Sahu, aged about 42 years, Caste Teli, R/o Banskot, P.S. Vishrampuri, District Kondagaon (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through the Station House Officer, Police Station Vishrampuri, District Kondagaon (C.G.) ---- Non-applicant For Applicant:

Mr. Govind Ram Miri and Mr. Basant Kaiwartya, Advocates.

For Non-applicant:

Mr. Avinash Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 07/05/2018

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.89/2017, registered at Police Station Vishrampuri, District Kondagaon, for the offence punishable under Sections 294, 506, 384 of the IPC and Sections 3(1)(?k) and 3(2)(5-A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Case of the prosecution, in brief, is that the applicant being UpSarpanch of Gram Panchayat Banskot abused and threatened the Sarpanch of the Village and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. The applicant is in custody since 17-3-2018 and charge-sheet has been filed.

4. On the other hand, learned State counsel opposes the application.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, pretrial detention of the applicant and charge-sheet has been filed, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant 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 Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma