Raghuvir Singh Manjhi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1370 of 2017 Raghuvir Singh Manjhi, S/o. Shri Shyam Singh, Aged About 39 Years, R/o. Kodewada, Police Station & Tahsil Mohala, District-Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through P.S.O. Police Staiton Mohala, DistrictRajnandgaon, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Aditya Bhardwaj, Advocate For Respondent :

Ms. Sunita Jain, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 20/03/2017 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.107/2016 registered at Police Station- Mohala, District Rajnandgaon (C.G.) for the offence punishable under Section 394 & 201 of Indian Penal Code.

2.

As per the prosecution case, a report was made by one Sanjay Kumar on 12.12.2016 that on 11.12.2016 while he was coming after collecting the amount, the applicant intercepted him near Misrimod and assaulted him by a Club and tried to loot the amount of collection, having resisted the applicant fled away. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated, only allegation is that he tried to commit the offence and he has not done any offence. He further submits that the charge sheet has been filed and no further

investigation is necessary, therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail and she submits that as many as six cases under the different Sections of I.P.C. & Cr.P.C. are registered against the present applicant.

5.

Perused the case diary and statement of the victim. Considering the statement and the past antecedents of the applicant, as it is pointed out that six cases are registered against the applicant under the different Sections of I.P.C. & Cr.P.C., I am not inclined to release the applicant on bail.

6.

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

Sd/- (Goutam Bhaduri) Judge Ashok