Ritesh Pandey Alias Lutu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7460 of 2018 Ritesh Pandey @ Lutu S/o Vinay Pandey, aged about 19 years, R/o Ward No. 41, Chingarajpara, Police Station Sarkanda, District Bilaspur (C.G.) --- Applicant

Versus

State of Chhattisgarh, Through the District Magistrate, District Bilaspur (C.G.). ---- Respondent For Applicant :

Mr. S.S. Baghel, Advocate For Respondent :

Mr. Bhaskar Payashi, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 15/11/2018 1.

The applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 477/2018 registered at Police Station Sarkanda, Bilaspur (C.G.) for the offence punishable under Sections 147, 294, 506, 323 & 452 of the IPC.

2.

As per prosecution story, it is alleged that on 02/07/2018 the applicant along with other co-accused persons entered into the house of complainant- Raju Kashyap. They abused him, threatened him and assaulted him with hands & fists, and Lathies. Offence has been registered and the applicant has been arrested on 12/09/2018. 3.

Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated. He further submits that except offence under Section 452 IPC, all the above

offence are bailable. He further submits that the applicant is in custody since 12/09/2018, the applicant has no criminal antecedent and trial will take time, therefore, the applicant may be released on bail. 4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the entire facts and circumstances of the case, particularly considering that the applicant is in custody since 12/09/2018, the applicant has no criminal antecedent and the trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court, as and when directed.

Sd/- (Arvind Singh Chandel) Judge prakash