Ajju @ Ajay Motwani v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 129 of 2017 Ajju @ Ajay Motwani, S/o. Kishanchand Motwani, Aged About 25 Years, R/o. Ravigram, Gali No. 2, Police Station- Telibandha, Tahsil & DistrictRaipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through : Police Station- Telibandha, DistrictRaipur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Devershi Thakur, Advocate For Respondent :

Mr. Ashutosh Pandey, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 23/01/2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.365/2015 registered at Police Station- Telibandha, District Raipur (C.G.) for the offence punishable under Section 384 of Indian Penal Code and 25(1-b)(b) of Arms Act.

2.

Case of the prosecution, in brief, is that on 13.11.2015, the applicant on the Gun point, demanded money from the complainant Goldi Sharma. Thereby, the offence has been committed.

3.

Learned counsel for the applicant would submit that the applicant in order to recover the money which was advanced was asked and as such the false allegations have been attributed; therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the statement of Goldi Sharma. Considering the nature of offence and the way, it has been committed and further taking into fact that as many as 20 cases are registered against the applicant, I am not inclined to release the applicant on bail.

6.

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

Sd/- (Goutam Bhaduri) Judge Ashok