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High Court Of ChhattisgarhMCRC/2426/2019allowed

Govind Anchal v. State Of Chhattisgarh

2019-05-15Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2426 of 2019 • Govind Anchal S/o Chandu Anchal Aged About 28 Years R/o Jhajhpurikala, Outpost Jhajpurikala, Police Station-Lormi Tehsil District Mungeli Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Of Police Lormi, Outpost - Jhajhpurijkala Police Station Lormi, Tehsil District Mungeli Chhattisgarh ---- Non Applicant For the Applicant :

Shri Pallav Mishra, Advocate For Non Applicant :

Shri Washim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 15.05.2019 1.

Kavita Durbey S.H.O.- Lormi, is present in person. She intimated that one another criminal case under IPC has been registered against the applicant. Earlier she had intimated to the A.G. Office that 7 criminal cases involving both the parties have been registered on 21.12.2018, 22.12.2018 and 23.12.2018. 2.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court. 3.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.124/2019 registered at Out Post Jhajhpurikala, Police Station- Lormi, DistrictMungeli (C.G.) for the offence punishable under Sections 294, 452, 354, 506, 509, 34 of Indian Penal Code.

4.

Case of the prosecution, in brief is that complainant is the resident of village Jhajhpurikala. On 21.03.2019 at about 7 pm, applicant, co-accused Sajjan Anchal and Biram Anchal entered in her house, they abusing her, gave threats to kill her, made wrong gesture, co-accused Sajjan Anchal also uttered obscene sentence regarding her daughter.

5.

Learned counsel for the applicant submits that applicant has no criminal background, he is a innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

6.

On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no criminal antecedent against the applicant. 7.

Looking to the above mentioned facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if applicant furnishes two solvent sureties for a sum of Rs.25,000/- along with a personal bond of Rs.50,000/- to the satisfaction of the concerned trial Court with the condition that he will appear before the trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail. 8.

Certified copy as per rules.

Sd/ Sd/-- (Sharad Kumar Gupta) Judge Parul