Arjun Singh Rajput v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.2192 of 2016 Arjun Singh Rajput S/o. Shri Dharam Singh Rajput, aged about 20 years, R/o.-Atal Aavas Kharsia, Tahsil and P.S. Kharsia, Civil and Revenue District Raigarh (CG) ---Applicant

Versus

State of Chhattisgarh, Through-Station House Officer of the P.S. Kharsia, District-Raigarh (CG) ---Non-applicant For Applicant :

Mr. Abhishek Saraf, Advocate For Non-applicant :

Mr. O.P.Sahu, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 11/05/2016 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.43/2016, registered at Police Station-Kharsia, District-Raigarh (CG), for the offence punishable under Section 436 of the IPC.

2.

Case of the prosecution, in brief, is that the applicant caused mischief by fire and destroyed the articles kept in the shop of the complainant and thereby committed the aforesaid offences. 3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that no offence is made out against the applicant, he is in jail since 14.3.2016 and charge-

sheet has already been filed.

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 & circumstances of the case, nature & gravity of the offence, role of the present applicant, his pre-trial detention and the fact that charge-sheet has already been filed, this Court is of the opinion that present is a 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 the applicant shall 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 trial Court, for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) JUDGE B/-