Maheshwar Das Manikpuri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

3 7 13 of 2015

1. Maheshwar Das Manikpuri, S/o Lokeshwar Das Manikpuri, aged about 25 years,

2. Yaadram Kanwar, S/o Firtu Ram Kanwar, aged about 34 years, Both are residents of Village- Mohandi, Post Office, Police Station and Tahsil - Magarlod, District Dhamtari (C.G.) ---- Applicants

Versus

State Of Chhattisgarh Through: the Station House Officer, Police Station - Magarlod, District-Dhamtari (C.G.) ---- Non-applicant For Applicant:

Mr. Shivendu Pandya, Advocate.

For Respondent/State:

Mrs. Madhu Nisha Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 0 4 /0 8 /2015 Heard.

(1) This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with crime No. 25/2015 registered at Police Station Magarlod, District-Dhamtari, for the offences punishable under Sections 147, 186, 342, 332, 353, 294, 323 & 427 of the Indian Penal Code and Sections 3 & 5 of the Prevention of Damage to the Public Property.

(2) Case of the prosecution, in brief, is that on 4.2.2015 applicant used criminal force to deter the public servant from discharging from his duty and also caused damage to the public

property and thereby committed the aforesaid offences. (3) Counsel for the applicants submits that they have not committed any offence and they have been falsely implicated in the offence in question. He further submits that the applicants have been arrested on the false report of the opposite party and, as such, the applicants are in detention since 23.06.2015; and the charge sheet is yet to be filed but substantial investigation has already been made and, therefore, the applicants may be released on bail.

(4) On the other hand, counsel for the State opposes the bail application.

(5) Considering the totality of the facts, in particular, the role of the present applicant in the crime in question; considering their pre-trial detention; and the defence taken by the applicants; this court is of the view that it is a fit case to release the applicants on bail. Accordingly, the bail application is allowed.

(6) Accused/applicants are directed to be released on bail on each of them executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-