Tapan Sarkar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4924 of 2019 Tapan Sarkar, S/o Late Ravindranath Sarkar, Aged About 45 Years, R/o Premnagar, Sikolabhatha, Durg, Tahsil & District Durg (C.G.) ---- Applicant

Versus

State of Chhattisgarh, through: Station House Officer, Police Station Chhawni, District Durg (C.G.) ---- Respondent --------------------------------------------------------------------------------- For Applicant :

Mr. B.P. Singh, Advocate.

For State :

Mr. Afroj Khan, Panel Lawyer.

--------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 28/08/2019 1.

This is 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. 547 of 2018 under Sections 386, 384 and 506 read with Section 34 of IPC registered at Police Station- Chhawni, District- Durg (C.G.).

2.

As per the prosecution case complainant Niyaz Siddiqui lodged a report at Police Station Chhawni, alleging that when he was in jail he met with the present applicant, who pressurized him for working in betting in IPL and the other companion. After releasing from jail, the complainant is involved in betting in IPL as per dictate of this complainant. The complainant has given money from time to time and threats given to him.

3.

Learned counsel for the applicant submits there is no direct the evidence to connect the applicant with crime in question but in bald statement.

4.

Learned counsel for the State submits that applicant is involved in many crimes which is registered in various police statioins of District- Durg. Looking to his past antecedents, he may not be released on bail.

5.

I have heard learned counsel for the parties and perused the case diary. Case of the prosecution is based on oral statement of the complainant and the present applicant. In the facts and circumstances of the case, the applicant has made out a case for grant of bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court as and when directed.

Certified copy as per rules.

Sd/- (Ram Prasanna Sharma) Judge Vasant