Tarun Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5011 of 2015 • Tarun Thakur, son of Shobhnath Thakur, aged about 28 years, resident of behind Ganj, Kharsia, Police Station - Kharsia, District - Raigarh (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through: Station House Officer, Police Station - AJAK, Raigarh, District - Raigarh (C.G.) ---- Respondent For Applicant :

Mr. Awadh Tripathi under the authority of Shri Varunendra Mishra, Advocate.

For Respondent/State :

Mr. Suryakant Mishra, Panel Lawyer.

Hon'ble Shri Justice I.S.Uboweja Order on Board 20/11/2015

1. The applicant has preferred the instant bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with Crime No.06/14 registered in Police Station AJAK, Raigarh, Dist. Raigarh (C.G.) for offence punishable under Sections 147, 294, 506, 323, 395, 354 & 452 of the I.P.C. and under Section 3

(1) (x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989').

2. Case of the prosecution, in brief, is that on 08.03.2014 the present applicant along with other co-accused persons entered the house of complainant, namely, Smt. Krishna Khatik, abused her by caste, assaulted and looted a sum of Rs.1850/- from her purse and thereby committed the aforesaid offence.

3. Learned counsel for the applicant submits that the case of the present applicant is similar to that of co-accused persons, namely, Arti Vaishnav and Bhupendra Vaishnav who have already been granted by this Court by order dated 26.08.2015 passed in M.Cr.C.No.3447 of 2015. He further submits that the applicant has

not committed any offence and has been falsely implicated in the case, he is in jail since 19-08-2015, charge-sheet has been filed and no further custodial interrogation is required by the prosecution, therefore, the present applicant may be released on bail.

4. On the other hand, learned State counsel opposed the bail application.

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

6. Taking into consideration all the facts and circumstances of the case, nature of allegations levelled against the applicant, further taking into consideration the fact that co-accused persons have been granted bail, pre-trial detention of the applicant and also the fact that charge sheet has consequently been filed in this case, I am of the considered opinion that prima facie it is a fit case in which the applicant can be enlarged on bail.

7. Accordingly, the instant bail application is allowed. It is directed that the applicant shall be released on his furnishing personal bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of concerned trial Court for his regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (I.S. Uboweja) Judge Anjani