Shiv Prasad Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6673 of 2018 • Shiv Prasad Sahu S/o Mohit Ram Sahu Aged About 36 Years Caste Sahu, R/o Village Boerdih, Police Station Sakti, District - JanjgirChampa, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, P.S. Sakti, Civil And Revenue District- Janjgir-Champa, Chhattisgarh. ---- Respondent For Applicant : Shri K.K.Pandey, Advocte For Respondent /State : Shri D.R.Minj, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board 05/10/2018 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. 478/2018 registered at police station Sakti, District Janjgir-Champa (CG) for the offence punishable under Sections 452,327, 294,506 and 323 IPC.

As per prosecution case, on 22.08.18 when the complainant was working at his house, present applicant came there and demanded money from him to purchase liquour and when he refused to given money, he abused him and assaulted with hands and fists. Counsel for the applicant submits that the applicant has been falsely implicated. He submits that the applicant is in jail since 22.08.2018 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.

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. 25,000/- 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