Ramayan Prasad Sharma v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Proceedings through Video Conferencing M.Cr.C. No.
of 2021 Ramayan Prasad Sharma, S/o Shri Ram Sanjeevan Sharma, aged about 44 years, R/o Ward No.29 Forest Colony, Bada Bajar Chirmiri, District Koriya (presently residing at Forest Colony Kelhari, District Koriya) (CG). ---Applicant
Versus
State of Chhattisgarh, through Station House Officer, Kelhari, District Koriya (CG). ---Non-applicant --------------------------------------------------------------------------------------- For Applicant : Ms. Indira Tripathi, Advocate For Non-applicant/State : Mr. Vimlesh Bajpai, Govt. Advocate ---------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board .06.2021 1.
This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 29.04.2021 in connection with Crime No.33/2021 registered at Police Station Kelhari, District Koriya (C.G.), for the offence punishable under Sections 166, 341, 392 of Indian Penal Code.
2.
Case of the prosecution, in brief, is that on 29.04.2021 a written report was lodged by one complainant Jai Singh that he along with 14 other persons returned to home from the forest area after collecting Mahua flower, the present applicant, who is the employee of Forest Department restrained them and not only snatched the mahua flower but also took a sum of Rs.1200/- from them. 3.
Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the crime in
question. She further submits that the applicant is a government servant and there is no chance of his absconding. The applicant is in jail since 29.04.2021, therefore, he may be released on bail. 4.
On the contrary, learned State counsel opposes the application for grant of bail.
5.
Looking to the facts and circumstances of the case, nature and gravity of offence, period of detention and also considering the fact that in the event of filing of charge sheet the trial will take some more time for its conclusion and as per submission of counsel for the applicant that the applicant is a government servant and there is no chance of his absconding, without further commenting on merits of the case, I am inclined to release the applicant on bail. 6.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court on the condition that on each and every date he shall appear before the concerned trial Court as per direction of the court, unless exempted from appearance. 7.
In view of the above, I.A. No.03/2021 for grant of ad-interim bail stands disposed of.
Certified copy as per rules.
Sd/- (N.K. Chandravanshi) VACATION JUDGE L/-