Sandeep Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1185 of 2019 • Sandeep Sharma S/o Moman Ram Sharma Aged About 36 Years R/o Saidham, Urdana, Raigarh, Tahsil And District Raigarh Chhattisgarh., ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Raigarh, District Raigarh Chhattisgarh ---- Respondent For Applicant : Shri Roop Naik, Advocate For Respondent/State : Shri Wasim Miyan, PL Hon'ble Smt.Justice Rajani Dubey Order On Board 14/08/2019 This is an application filed under Section 438 of the Code of Criminal procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 03/2019 registered at Police Station AJAK, Raigarh (CG) for the offence punishable under Sections 294, 506 of the IPC and Section 3 (1)(R) (S), 3(2)(vA) of the SC/ST (Prevention of Atrocities)Act. 2.

Case of the prosecution is that the applicant has abused the complainant by name of his case and has insulted him in the public. 3.

Contention of the counsel for the applicant is that the applicant has been falsely implicated in this case. He further submits that the applicant was present at the place of incident that has been alleged by the complainant.

4.

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

5.

I have heard counsel for the parties.

6.

Considering the totality of the facts, in particular, the nature of allegations against the applicant, this Court is of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail on his furnishing a bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Officer arresting him. He shall abide by all the terms and conditions laid down in Section 438 (2) of the Code of Criminal Procedure.

7.

This order shall be operative for a period of 60 days from today. During this period, the applicant shall apply for regular bail under Section 439 of the Code of Criminal Procedure before the competent court.

Sd/- (Rajani Dubey) Judge suguna