High Court Of ChhattisgarhMCRC/142/2017dismissed

Rohit Kumar Nag v. State Of Chhattisgarh

2017-01-23Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 142 of 2017 • Rohit Kumar Nag S/o Shri Budhram Nag Aged About 37 Years R/o Gram Thenhi, Police Station Mechka District Dhamtari, Chhattisgarh. --- Petitioner

Versus

• State of Chhattisgarh through the Police Station Manipur Gariyaband, Chhattisgarh. --- Respondent For the applicant :

Mr. Anjinewsh Shukla, Advocate For the Respondent :

Mr. U.K.S. Chandel, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 23.01.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 117/2016 registered at P.S. Mainpur, Gariyabandh (C.G) for the offence punishable under Sections 147, 148, 149, 307 of IPC and Sections 25 and 27 of the Arms Act, 1959 and Sections 16, 23, 40 of the Unlawful Activities (Prevention) Act, 1967.

2. As per the prosecution case, the Police Party during search operation went from Mainpur to Supadongri where they were attacked by outlawed people of Naxalite organisation and exchange of firing took place between the police and Naxalites. Subsequently one of the Naxalites fled away and the Naxali uniform diary were recovered and during investigation, on memorandum the present applicant was arrested and the applicant was found to be helping the Naxalites. It is alleged that he was running a Beetel shop and an amount of Rs.1,00,000/- was recovered from the Beetel

shop and further Rs.3 lackhs was recovered from his house which was given to him for exchange.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 09.12.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and the documents. Taking into the nature of evidence available against the present applicant, I am not inclined to allow this bail application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o