Ravikumar Bhojasiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4708 of 2015 Ravikumar Bhojasiya, S/o Motiram Bhojasiya, aged about 28 years, R/o Village Indira Nagar, Pamgarh, P.S. Pamgarh, Civil & Revenue Distt. Janjgir-Champa (C.G.) ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Pamgarh, Distt. Janjgir-Champa (C.G.) ---- Non-applicant For Applicant:

Mr. Awadh Tripathi, Advocate.

For Non-applicant:

Mr. Om Prakash Sahu, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08/09/2015

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.212/2015, registered at Police Station Pamgarh, Distt. Janjgir-Champa, for the offence punishable under Sections 384 of the IPC and 4 of the Chhattisgarh Riniyon Ka Sanrakshan Adhiniyam, 1937.

2. Case of the prosecution, in brief, is that complainant Rajiv Lochan Singh took loan of Rs.2 lakhs from the applicant and extorted the applicant to recover the said amount, and thereby committed the offence.

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 complainant has taken loan of Rs.2 lakhs from the applicant and did not return the same. The applicant has merely demanded the said amount taken by the complainant against which such a false report has been lodged and in which the applicant is in jail since 22-8-2015. Charge-sheet

has not yet been filed.

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

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

6. Taking into consideration the nature and gravity of offence, nature of dispute between the parties, role of the present applicant and pre-trial detention of the applicant, 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 the applicant 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