Pappu @ Vikas Naidu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3766 of 2018

1. Pappu @ Vikas Naidu S/o B. Ganesh Rao Naidu Aged About 36 Years

2. Shantanu Naidu S/o Akash Naidu Aged About 18 Years both R/o- Kathakoni, Police Station- Sakri, District- Bilaspur, CG ---- Applicants

Versus

State Of Chhattisgarh Through- Station House Officer, Police Station- Sakri, District- Bilaspur, CG ---- Respondent For applicant Mr. Vipin Singh, Adv.

For Respondent/State Ms. Sunita Jain, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 3-71. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no bail application is pending before any other court.

2. The applicants have been arrested in connection with Crime No. 112/2018 registered in police station Sakri, Bilaspur (CG) for offence punishable under Sections 294, 506, 323, 327/34 of the IPC.

3. Prosecution story in brief is that on 15-4-2018 complainant Anand Bansal was returning back from Takhatpur to Sakri by Gadadhari Bus. At about 8.30 am near village Kathakoni, the applicants demanded money from the complainant for consuming liquor, beaten and abused him.

4. Looking to the above facts and circumstances of the case, looking to the facts that there is no likelihood of the accused to abscond and tamper the evidence, trial will take its own time, applicant is in custody since 16-4-2018, charge sheet has been filed, offence is triable by JMFC, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the applicants.

Consequently, the application is allowed. It is ordered that if each applicant furnishes one solvent surety for a sum of Rs. 20,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned with the condition that they will appear before the concerned trial Court at 11 AM as and when directed till trial, they be released on bail.

5. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak