High Court Of ChhattisgarhMCRC/6214/2015allowed

Himanshu Singh v. State Of Chhattisgarh

2015-11-23Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6214 of 2015 • Himanshu Singh S/o Kashinath Singh Aged About 25 Years, R/o Ward No. 8, Nagar Panchayat - Pandariya, Tahsil - Pandariya, District - Kabirdham Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Pandariya, District Kabirdham Chhattisgarg ---- Respondent For the applicant :

Mr. Rajeev Shrivastava, Advocate For the Respondent :

Mr. Anupam Dubey, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 23.1 1.201

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 220 of 2015 registered at P.S. Pandariya, District Kabirdham(C.G) for the offence punishable under Sections 294, 323 & 506 IPC read with Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1988.

2. As per the prosecution version, the complainant Kamal Singh who is Sarpanch of village Bhagarapattola lodged a report alleging that on 21.08.2014 the present applicant who claims to be journalist wanted some amount in lieu of advertisement made in Newspaper and on such account the quarrel took place and thereafter, the complaint was assaulted and he was further abused in the name of caste.

3. Learned counsel for the applicant submits that the applicant has been falsely been implicated in this case and the manner

in which the incident took place would narrate the entire story that how the alleged offence has been committed. He further submits that the applicant is in jail since 20.10.2015 and looking to the nature of allegations and the other back ground of the incident which has happened, this applicant may be enlarged on bail.

4. Per contra, learned state Counsel opposes the bail.

5. Having regard to the nature of allegations and the way in which the offence took place and further looking the fact that the applicant is in jail since 28.10.2015, I am inclined to allow this bail application.

6. Accordingly, M.Cr.C.No.6214/2015 is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He is directed to appear before the said Court as and when directed by the said Court.

7. Consequently, I. A. Nos. 1 & 2 also stand disposed of.

8. C.c. today.

Sd/- GOUTAM BHADURI JUDGE Rao