Dashrath Lal Tandan v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4635 of 2019 • Dashrath Lal Tandan S/o Shri Vishno Aged About 39 Years Caste - Satnami, R/o Village Saraipali (Poratha), Police Station And Tahsil Sakti Civil And Revenue District-Janjgir Champa Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The District Magistrate, Janjgir, Civil And Revenue District Janjgir Champa Chhattisgarh. ---- Respondent _____________________________________________________________ For Applicant :

Mr. Parasmani Shriwas, Advocates.

For Respondent/State :

Mr. Neeraj Pradhan, Panel Lawyer.

------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 20/08/2019

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.211/2019 registered at Police Station-Sakti, District-Janjgir-Champa(C.G.) for the offence punishable under Sections 294, 323, 506, 452 of the Indian Penal Code.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 1.5.2019. No case is made out against this applicant. The investigation has been completed and charge-sheet has been filed, therefore, it is prayed that he may be enlarged on regular bail.

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3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. According to the prosecution case, on the date of incident this applicant committed house trespass in the house of the complainant then after abusing and threatening him, he assaulted and caused him injuries. Hence, this case.

6. Considering the nature of the case and the case is triable by JMFC which is now pending for trial, for this reason, I feel inclined to allow the application of this applicant.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on regular bail on his 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. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha