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High Court Of ChhattisgarhMCRC/3076/2019allowed

Rahul Dewangan @ Vikey v. State Of Chhattisgarh

2019-05-16Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3076 of 2019 • Rahul Dewangan @ Vikey S/o Shri Bodhan Dewangan Aged About 19 Years R/o Shanti Nagar, Ward No. 11, Police Station O. P. Chikhali, Rajnandgaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Kotwali - O.P. Chikhali, Rajnandgaon, District Rajnandgaon Chhattisgarh., District : Rajnandgaon, Chhattisgarh ---- Non-applicant For Applicant : Shri Ishan Verma, Advocate.

For Non-applicant : Shri SRJ Jaiswal, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 16.05.2019 1.

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.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 156/2019 registered at Police Station - O.P. Chikhali, P.S. Kotwali, Rajnandgaon District - Rajnandgaon C.G.) for the offence punishable under Sections 294, 323, 506 and 326 of the Indian Penal Code.

3. Case of the prosecution, in brief is that on 22.03.2019 about 15:00 hours behind Shanti Nagar Bada, Rajnandgaon applicant abused complainant Rakesh Soni, beat him by hands and fists and amputed his pore of left index finger by biting.

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

5.

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

6. Looking to the above 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 the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, 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.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore