Chandrabhan Sharma Brijwasi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Chandrabhan Sharma Brijwasi, son of late Dharamdas, aged about 56 years, Caste-Bramhan, resident of Ward No.15, Tahsil-Sakti, District - Janjgir-Champa (C.G.) ---- Applicant

Versus

State Of Chhattisgarh, Through: Station House Officer, Police Station - Sakti, District Janjgir-Champa (C.G.) ---- Non-applicant For Applicant:

Mr. K.K. Pandey, Advocate.

For Non-applicant/State:Mr. Avinash Singh, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 5 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 90/2016 registered at Police Station Sakti, District JanjgirChampa for the offences punishable under Sections 341, 294, 506, 186, 332, 353 read with Section 34 of Indian Penal Code. (2) Case of the prosecution, in brief, is that on 31.03.2016 applicant assaulted public servant and deterred him from performing his duties by using criminal force and caused hurt also and thereby committed the aforesaid offences. (3) Counsel for the applicant submits that applicant has not committed any offence and he has been falsely implicated in the offence in question; he was demanding receipt against the fine

amount paid. He further submits that applicant is languishing in jail since 01.04.2016 and the charge sheet is yet to be filed bust substantial investigation has already been completed and therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts and circumstances of the case; further considering the age of the applicant; pre-trial detention and the evidence available in the case diary; this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed. (6) Accused/applicant-Chandrabhan Sharma Brijwasi is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(7) In view of above, I.A. No.1/2016, application for grant of adinterim bail also stands disposed of. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-