High Court Of ChhattisgarhMCRC/3240/2016allowed

Ballu Alias Tarachand Yadav v. State Of Chhattisgarh

2016-07-04Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3240 of 2016 • Ballu Alias Tarachand Yadav S/o Manrakhan Aged About 42 Years R/o Jamatpara, Ward No. 24, Police Station & Tehsil Rajnandgaon District Rajnandgaon Chhattisgarh. ---- Petitioner

Versus

• State of Chhattisgarh Through The Police Station, Rajnandgaon District Rajnandgaon Chhattisgarh. ---- Respondent For the applicant :

Mr. Anjinesh Shukla, Advocate For the Respondent :

Mr. Lav Mishra, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 04.07.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.203/2016 registered at P.S. Rajnandgaon (C.G) for the offence punishable under Section 392 of IPC.

2. As per the prosecution case, on 20.03.2016 the applicant went to the house of complainant, thereafter the applicant forcibly snatched the ear ring the chain and fled away thereby the offence is committed.

3. Learned counsel for the applicant submits that the applicant is a caterer by profession and he has served food in anniversary i.e., Dashgatra ceremony of the husband of the complainant. However, the amount of charges was not paid, therefore, on the date of event altercation took place and as such applicant has been falsely implicated. He further submits that the charge sheet in this case has been filed and

the applicant is in jail since 20.03.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary documents.

6. Considering the facts and circumstances of the case and the and the background of the case as also the fact that the charge sheet in this case has been filed and looking to the period of detention as the applicant is stated to be in jail since 20.03.2016, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o