Ajay Sonkar v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 576 of 2017

1. Ajay Sonkar, S/o. Lt. Shri Narad Sonkar, aged about 24 years, R/o. Kuan Chowk, Nandai, Ward No.48, Tah.- Rajnandgaon, Civil and Revenue District -Rajnandgaon (C.G.) ----Applicant

Versus

1. State Of Chhattisgarh, Through : Police Station - Ghumka, District - Rajnandgaon (C.G.) ---- Respondent For Applicant :

Mr. Rakesh Thakur, Advocate For Respondent/State :

Mr. U.K.S. Chandel, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 06/02/2017 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.155/2016, registered at Police Station - Ghumka, District - Rajnandgaon (C.G.) for the offence punishable under Section 186, 353, 332 of the Indian Penal Code. 2.

Case of the prosecution, in brief, is that on 04.12.2016 while the police was checking the vehicles at Gopalpur Chowk Ghumka at that time, when the applicant was intercepted and was asked for license and insurance paper, the applicant enraged and abused the police officer and alleged that they were making recovery from the different people. Thereby the offence has been registered.

3.

Learned counsel for the applicant would submit that the applicant is in jail since 05.12.2016. It is further submitted that charge-sheet in this

Page No.2 case has been filed and no further investigation is necessary and the applicant has been falsely implicated in this case as he has not paid the amount demanded by the police, therefore, the applicant may be enlarged on bail.

4.

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

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Perused the case diary and the documents. Considering the facts and circumstances of the case and the fact that charge-sheet in this case has been filed, the applicant is in jail since 05.12.2016 and further considering the degree of allegation levelled against the applicant, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the 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.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram