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High Court Of ChhattisgarhMCRC/4682/2015allowed

Inkesh Tandekar v. State Of Chhattisgarh

2015-09-09Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 4682 OF 2015 Inkesh Tandekar S/o Preetam Tandekar aged about 22 years R/o Shankarpur Ward No. 7, Gali No. 1, Rajnandgaon (C.G.) ---Applicant

Versus

State of Chhattisgarh, Through the Police Station Outpost Chikhali, District Rajnandgaon (CG) ---Non-applicant For Applicant :

Mr. Aditya Bhardwaj, Advocate For Non-applicant :

Mr. Arvind Dubey, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 09/09/2015 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. 453/2015, registered at Police Station Outpost Chikhali, Rajnandgaon, for the offence punishable under Sections 452, 324, 294, 506 of the Indian Penal Code. 2.

Case of the prosecution, in brief, is that, present applicant was entered into the house of complainant- Umesh Tandekar and caused hurt to him by knife and thereby committed aforesaid offence. 3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in this case. He would further submit that there is no evidence to connect the applicant in offence in question. He would further submit that no custodial interrogation is required and no useful purpose would be served by keeping him in jail. He

would lastly submit that charge sheet has been filed and applicant is in jail since 14/07/2015, therefore, he may be released on bail. 4.

On the other hand, learned counsel for the State would oppose the bail application.

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 of injury; role of the present applicant in offence in question; pretrial detention of the applicant and charge sheet has already been filed, 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 trial Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari