Prashant Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1264 of 2017 Prashant Singh, S/o. Shri Rajesh Singh, Aged About 21 Years, R/o. Village- Pothan, Rampur, Police Station- Akhand Nagar, District Sultanpur, Uttar Pradesh, Present Address- House of Santosh Sahu, Bilaigarh, Tahsil- Bilaigarh , District Balodabazar- Bhatapara, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through S.H.O. Police Station- Bilaigarh, District Balodabazar- Bhatapara, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. A.S.Rajput, Advocate For Respondent :

Mr. Sameer Behar, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 07/03/2017 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.44/2017 registered at Police Station- Bilaigarh, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 452, 186, 294, 506 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that on 04.02.2017 when the street light was being repaired in front of Civil Court, the present applicant who was an employee of the Contractor abused the officials, thereafter, has torn out certain papers and further objected in discharge of the job; thereby, offence has been committed, for which a report was lodged by Rajendra Kumar Shukla, Junior Engineer, C.S.P.D.CL.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated, allegations have been exaggerated, the charge sheet has been filed and no further investigation is necessary. He further submits that the complainant has also given an affidavit for no objection for bail of the applicant, 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 documents. Considering the facts and circumstances, degree of allegation, charge sheet has been filed and further considering the affidavit of the complainant, which appears that no objection has been filed by the complainant, I am inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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. Sd/- (Goutam Bhaduri) Judge Ashok