Manuraj Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6334 of 2018 • Manuraj Pandey S/o Shri Bharat Lal Pandey Aged About 30 Years R/oKududand Matachoura, P.S. Civil Lines, Bilaspur, Tahsil And DistrictBilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Police Station Sarkanda, Bilaspur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent For Applicant : Mr. UKS Chandel, Advocate For State/respondent : Mr. Rahul Tamaskar, Panel Lawyer.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 27/09/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No.191/2018 registered at Police-Station-Sarkanda, District-Bilaspur(C.G.) for the offence punishable under Sections 147, 148, 149, 294, 506, 232, 324 & 307 of the Indian Penal Code.

2. It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. No case is made out against him. Similarly placed co-accused persons have been granted

regular bail by this Court. Hence, it is prayed that he may be released on regular bail.

3. On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect.

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

5. The case against this applicant is this, that on the date of incident the main accused Suryakant Sahu had thrown a party. During that party, the main accused got inebriated and started misbehaving, therefore, he was asked to leave due to which co-accused Suryakant Sahu got enraged and he with the help of other accused persons assaulted Subhash Choubey, Ashutosh Tiwari and Rajeshwar Sahu. Shubhash has been reported to be injured grievously, hence, this case.

6. After considering all the material present in the case diary, looking to the evidence that is present against the applicant and further considering the fact that similarly placed co-accused persons have been granted regular bail and also for the reason that charge-sheet has been filed after completion of investigation, I am of this opinion that this is a fit case where applicant should be benefited with grant of regular bail.

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

8. Certified copy today.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha