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High Court Of ChhattisgarhMCRCA/1722/2020rejected

Ashish Tandon v. State Of Chhattisgarh

2021-04-13Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.1722 of 2020 • Ashish Tandon S/o Bhagwat Tondon, Aged About 26 Years Caste Satnami, R/o Village Semariya, Tehsil Lormi, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House Officer Of Police Station Of Lormi, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh ---- Respondent Present:- Shri Pallav Mishra, counsel for applicant.

Shri KK Singh, GA for State.

Single Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/04/2021 Heard.

1.

The applicant has preferred this application under Section 438 of Cr.P.C., apprehending his arrest in connection with Crime No.123/2020, registered at Police Station-Lormi, Mungeli for alleged commission of offence under Sections 294, 323, 506 & 327 of IPC.

2.

Case of the prosecution is that in order to extract money, the applicant assaulted and hurt the victim.

3.

Learned counsel for the applicant submits that allegations levelled against the applicant are not only false, but also exaggerated. Allegation of extortion of money against the applicant is also without any basis. It is also submitted that there is political enmity also existing, which has been made a basis to falsely implicate the applicant.

4.

On the other hand, learned State Counsel opposed the prayer for grant of bail by submitting that there is prima facie case against the applicant, which shows that in order to extract money, the applicant assaulted the victim with the help of club and in the medical examination, number of injuries have been found. It is lastly submitted that there are witnesses of the incident.

5.

Taking into consideration the submission made by learned counsel for the parties, particularly taking into consideration the presence of injuries on the body of the victim, the present is not a fit case for grant of anticipatory bail to the applicant.

6.

Accordingly, the bail application is rejected. SD/- (Manindra Mohan Shrivastava) Judge Tumane