Lokeshwar Dewangan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4554 of 2019 • Lokeshwar Dewangan S/o Shri Bhuneshwar Prasad Dewangan Aged About 31 Years Occupation Government Servant, R/o Shikshak Colony, Kawardha, Police Station And Tahsil Kawardha, District Kabirdham Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate Kabirdham Chhattisgarh.

---- Respondent ---------------------------------------------------------------------------------------- For Applicant : Shri Dharmesh Shrivastava, Advocate For Respondent/State : Shri Anil Tripathi, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 13.8.2019 1.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.293/2019, registered at Police Station Kawardha, District Kabirdham(CG) for the offence punishable under Section 306 of the IPC. 2.

As per the case of prosecution, the applicant used to obtain money from Tejaswi Markam after she fell in love with the applicant. He took her ATM Card and threatened her to death. He was blackmailing and demands her obscene photographs, due to which she committed suicide.

3.

Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. He submits that police has not seized

any offensive material from the applicant and he is in jail since 24.6.2019, therefore, the applicant may be released on bail. 4.

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

5.

Heard learned counsel for the parties.

6.

Considering the totality of the facts and circumstances of the case, in particular the nature of allegations against the applicant, I am of the opinion that present is a fit case to release the applicant on bail.

7.

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

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

9.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita