High Court Of ChhattisgarhMCRC/1779/2016allowed

Sanjay Lakda v. State Of Chhattisgarh

2016-03-31Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1779 of 2016 Sanjay Lakda, S/o Money Lakda, aged about 30 years, Caste Uraon, R/o Village Keradih Bartoli, Police Station Raidih, District Gumla (Jharkhand) ---- Applicant

Versus

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

Mr. Sanjeev Kumar Sahu, Advocate.

For Non-applicant:

Mr. Suvigya Awasthi, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 31/03/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.160/2015, registered at Police Station Jashpur, Distt. Jashpur, for the offence punishable under Sections 384, 386, 506B, 507 read with Section 34 of the IPC; Sections 25 and 27 of the Arms Act.

2. Case of the prosecution, in brief, is that on 4-6-2015, the applicant along with other co-accused demanded Rs.6 lakhs from the complainant and the complainant was also threatened on mobile.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. The applicant is in jail since 13-6-2015 for last more than nine months and charge-sheet has been filed. Trial is likely to take some time and co-accused Deepak Tigga has been released on regular bail by a coordinate Bench of this Court by order dated 4-11-2015

passed in M.Cr.C.No.5889/2015.

4. On the other hand, learned State counsel opposes the application.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the present applicant, his pretrial detention for more than nine months and co-accused has been released on bail, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

7. It is, therefore, directed that applicant Sanjay Lakda be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma