Khemraj Pradhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6452 of 2015 Khemraj Pradhan, S/o Arjun Pradhan Aged About 27 Years Occupation Service, R/o Village Samkera, P.S. Tamnar, Distt. Raigarh, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through P.S. Tamnar, Distt. Raigarh, Chhattisgarh.

---- Respondent For Applicant :- Shri Ashish Gupta, Advocate For Respondent/State :- Shri Vivek Singhal, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board By 30/11/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 208/2015, registered at Police Station - Tamnar, District- Raigarh (C.G.) for the offence punishable under Sections 341,327,427 of IPC. 2.

The case of the prosecution, in brief, is that in the intervening night of 15-16.10.2015, the applicant alongwith the other co-accused persons were stopped the vehicle of complainant namely Beero Paswan and demanded money, the complainant denied to give money, thereafter they were assaulted him and damaged the vehicle to the extent of Rs. 75,000/-.

3.

Counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that all the offences are bailable except the offence u/s 327 of IPC. He further submits that the applicant is in jail since 16.10.2015 and, therefore, he may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

Having regard to the fact that the charge sheet in this case has been filed and considering the pretrial detention of the applicant, I am inclined to release the applicant on bail. 6.

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

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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.

8.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Santosh