Vishwanath @ Vishnath v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2346 of 2016 Vishwanath @ Vishnath, S/o. Vishnu Baghel, Aged About 25 Years, R/o. Village Markel Bagguda, P.S. Nagarnar, Civil & Revenue District Jagdalpur, Bastar, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Nagarnar, District Jagdalpur, Bastar, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Vivek Tripathi, Advocate For Respondent :

Mr. Anant Bajpai, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 28.06.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.30/2016 registered at Police Station- Nagarnar, District Jagdalpur, Bastar (C.G.) for the offence punishable under Section 370/34 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that the complainant and other accused persons were taken by the present applicant and one Munna and they were employed to work in the boring machine, firstly they worked at Orissa and thereafter they went to Maharashtra wherein they discharged their job for 1 1⁄2 month. Subsequently, when the salary was demanded, it was stated by Vishwanath, the present applicant, that the employer has not paid the salary, therefore, he is not able to pay and thereafter the report was made.

3.

Learned counsel for the applicant would submit that the applicant himself has not been paid and the FIR has been made on 21.02.2016, which is delayed by 2 months as the applicant had came back on 21.12.2015. He further submits that the charge sheet in this case has been filed and no further investigation is necessary and the applicant is in jail since 24.02.2016, therefore, he may be enlarged on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case, nature of offence and the degree of allegation and further considering the fact that the charge sheet has been filed and the applicant is in jail since 24.02.2016, I am inclined to release the applicant on bail.

6.

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

7.

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/- (Goutam Bhaduri) Judge Ashok