Jitendra Singour v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7394 of 2015 Jitendra Singour S/o Late Chandra Kumar Singour R/o Motipur, P.S. Amleshwar, Distt. Durg, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Thrugh Station House Office, Amleshwar, Distt. Durg, Chhattisgarh.

---- Respondent For Applicant :- Mr. Raghvendra Pradhan, Advocate For Respondent/ State :- Mr. Samir Behar, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board By 05 / 01/ 2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 101/2015 registered at Police Station- Amleshwar, District Durg (C.G.) for the offence punishable under Sections 294,506,354,(A) (1) (iv) if Indian Penal Code and Section 3(i)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities ) Act. 2.

Case of the prosecution, in brief, is that on 23.08.2015 the applicant went to a training center wherein the complainant/victim was present and he abused in the name of her caste and also threatened her.

3. Counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the center wherein the complainant was taking training was belonging to one Prabhat Chandra Haldhar and the training

center was being run in a illegal premises for which the notice was issued by the Gram Panchayat to vacate the premises and the applicant was Up-sarpanch of the Gram Panchayat; therefore, the applicant may be enlarged on bail.

4. Learned State counsel opposes the prayer for grant of bail.

5. Perused the case diary, the statement of the victim and the documents, the notices for vacating the place of incident, which was served to the members of the training center, considering the totality of facts and circumstances of the case and the degree of allegation levelled against this applicant and the fact the applicant is in jail since 16.11.2015, this Court is of the opinion, that present is a fit case, in which, the applicant should be enlarged on regular bail.

6.

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

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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. Sd/- (Goutam Bhaduri) Judge Santosh