Sunny Das Manikpuri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2338 of 2019 • Sunny Das Manikpuri S/o Late Mukund Das Manikpuri, Aged About 28 Years R/o Near Pappu Kirana Stores Titurdih Durg, Police Station Mohan Nagar, Tahsil and District - Durg Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh Through District Magistrate - District - Durg Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri Goutam Khetrapal, Advocate.

For Respondent/State : Shri Samdarsh Nirankari, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 16/04/2019

1. Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the Applicant for grant of regular bail. The Applicant has been arrested on 09.12.2018 in connection with Crime No. 541/2018 registered at Police Station - Mohan Nagar, District - Durg, Chhattisgarh for the offence punishable under Section 294, 506 B, 324, 327, 323 of the Indian Penal Code.

2. It is submitted on behalf of the Applicant that the Applicant has been falsely implicated in this case. No case is made out against him according to the prosecution case. He is in jail since 09.12.2018. Charge-sheet has been filed after completion of the investigation. It is further submitted that Applicant does not have any criminal antecedent. Hence, under this circumstances, it is prayed that he may be granted bail.

3. Learned Counsel for the State/Non-Applicant opposes the bail application.

4. Heard learned Counsel for the parties and perused the case diary.

5. The allegation against the present Applicant is that, on the date of incident this Applicant demanded money from the victim Mohammad Jakir for buying liqour, when the victim refused, the Applicant then abused, threatened and assaulted him with blade, causing him injury. Hence, this case.

6. After considering on all the material present in the case and now that the case is before the Trial Court and continuous detention is not required, I feel inclined to allow this application.

7. Consequently, the application filed by the Applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Prakash