Gurucharan Singh Rajput v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6168 of 2016 • Gurucharan Singh Rajput S/o Shri Ratan Singh Rajput Aged About 31 Years Occupation- News Reporting, R/o Village- Patrapara Dharamjaygarh, Thana- Dharamjaygarh, Civil & Revenue DistrictRaigarh, Chhattisgarh. --- Petitioner

Versus

• State of Chhattisgarh through The Station House Officer, Police Station- Dharmjaygarh, District- Raigarh, Chhattisgarh.-- Respondent For the applicant :

Mr. Kaushal Dewangan, Advocate For the Respondent :

Mr Lav Sharma, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 06.10.2016

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. 37 of 2016 registered at P.S. Dharamjaygarh, Distt. Raigarh (C.G) for the offence punishable under Sections 186, 294, 509, 448, 384/34 of IPC and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. As per the prosecution case, a report was made by Smt. Geeta Darshan, who is working an officer of the Govt. Department that the present applicant alongwith co-accused entered into the office and disclosing their identity of journalist of Adiwasi Stambh News Paper demanded Rs.5000/- which was refused. Subsequently a publication was made in the said newspaper on 25.1.2016 against the complainant assassinating her character and certain allegations were also levelled, for which, a report was made.

3. Learned counsel for the applicant would submit that the applicant has not committed any offence and no assassination of character of complainant was made by the present applicant. He further submits that the respective seizure has already been made ; nor further investigation is necessary and the applicant is in jail since 10.08.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary papers. Considering the nature of allegations levelled against the applicant as also the fact that the applicant is in jail since 10.08.2016 and further taking into the totality of facts and circumstances, I am inclined to allow this bail application.

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