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High Court Of ChhattisgarhMCRC/4746/2016allowed

Bhagwat Das v. State Of Chhattisgarh

2016-08-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4746 of 2016 • Bhagwat Das S/o Late Babulal Das Aged About 32 Years R/o Jaihind Gali, Kotraroad Raigarh, Tahsil & District Raigarh Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through : Station House Officer, Police Station : City Kotwali Raigarh, District : Raigarh Chhattisgarh --- Respondent For the applicant :

Mr. Sushil Dubey, Advocate For the Respondent :

Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 29.08.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 64 of 2016 registered at P.S. City Kotwali, Raigarh Distt. Raigarh (C.G) for the offence punishable under Sections 294, 506B, 323, 327 of IPC.

2. As per the prosecution case, the applicant caused hurt to the complainant to extort Rs.500/- from him and thereby committed the aforesaid offences.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated and co-accused Mukesh Soni @ Bujji against whom similar allegations were made has been enlarged on bail by the Co-ordinate Bench of this Court in MCRC No.1709 of 2016 on 11.04.2016, therefore, the present applicant may also be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail. However, he does not dispute the fact that the co-accused has been

enlarged on bail by the Coordinate Bench of this Court.

5. Considering the fact that similarly placed co-accused has been enlarged on bail by the Coordinate Bench of this Court by order dated 11.04.2016 passed in MCRC No.1709 of 2016 and the case of the present applicant is not different from that of co-accused who was enlarged on bail, I am inclined to release the present applicant also on bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o