Kamal Mandhani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6348 of 2018 • Kamal Mandhani S/o Shri Vasudev Mandhani Aged About 22 Years R/o- Lakhe Nagar, Near Bijli Office, Thana- Purani Basti, DistrictRaipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Thana- Azad Chowk, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent For Applicant : Shri Krishna Kumar Khatri, Advocate For Respondent :

Hon'ble Smt. Justice Rajani Dubey Order On Board 26/09/2018 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.153/2018 registered at police station Azad Chowk, District Raipur (CG) for the offence punishable under Sections 294,327, 323, 506/34 IPC and Sections 25 & 27 of the Arms Act. As per prosecution case, the applicant and co-accused demanded money from the complainants for purchasing liquor and when they refused to give money, applicants abused them and assaulted with hand,fists and knife.

Counsel for the applicant submits that under suspicion a false report has been lodged against the applicant. He submits that he has been falsely implicated and he is in jail since 29.06.18 and the trial will take time for final disposal and therefore he may be released on bail.

On the other hand, learned counsel for the State opposes the bail application and submits that the injuries caused by the applicant were grievous in nature.

Considering the totality of the facts and circumstances of the case, in particular the nature of allegations against the applicant, I am inclined to release him on bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicant's furnishing a personal bond of Rs. 20,000/- with one surety in the like sum to the satisfaction of the concerned court for his appearance before it as and when directed, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna