Ramkripal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No. 4474 OF 2015 Ramkripal S/o Chhannu Ram aged about 19 years, by caste Harijan, R/o Village Semariya, Thana & Tahsil Sonhat, District Korea (C.G.) ---Applicant

Versus

State of Chhattisgarh, Through Station House Officer Police Station: Sonhat, District : Korea (C.G.) ---Non-applicant For Applicant :

Mr. Vijay Kumar Sahu, Advocate For Non-applicant :

Mr. Aditya Sharma, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 01/09/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 60/2015, registered at Police Station Sonhat, Distt. Korea (C.G.), for the offence punishable under Sections 384, 507 of Indian Penal Code and Section 506, 386 of the I.P.C. 2.

Case of the prosecution, in brief, is that, on 06/06/2015 present applicant putting fear of death upon complainant demanding Rs.3,00,000/- and thereby committed offence.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in offence in question. He would further submit that applicant is Computer Operator in the Janpad Panchayat Semariya. He would lastly submit that charge sheet has been filed and applicant is in jail since 09/06/2015, therefore, he may be

released on bail.

4.

On the other hand, learned counsel for the State would oppose the bail application and submit that applicant himself has delivered letter to the complainant demanding Rs.3,00,000/- and also threatened to kill, if the amount is not paid, therefore, he is not entitled to be released on bail. 5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; applicant is Government servant; charge sheet has already filed and applicant is in jail since 09/06/2015, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail. 7.

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

8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the 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.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari