Manoj Lakda v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1290 of 2018 • Manoj Lakda S/o Shri Rajendra Lakda Aged About 16 Years By Caste Uraon, R/o Village Koldhodi, Thana Patthalgaon, Civil And Revenue District Jashpur Chhattisgarh Through Natural Guardian Father Rajendra Lakda S/o Jhadi Ram Lakda, Aged About 42 Years, R/o Village Koldhodi, Thana Patthalgaon, Civil And Revenue District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Patthalgaon, District Jashpur Chhattisgarh, District : Jashpur, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Sunil Sahu, Advocate.

For Respondent/State :

Mr. V.B. Singh, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 26/10/2018

1. The applicant has preferred this bail application under Section 438 of Cr.P.C. apprehending his arrest in connection with Crime No.195/2018 registered at Police Station-Patthalgaon, District - Jashpur(C.G.), for the offence punishable under Sections 452, 147, 148, 294, 323, 506 of the Indian Penal Code.

2. Learned counsel for applicant submits that applicant is innocent and has been falsely implicated in this case. It is submitted that appellant is juvenile and he has falsely implicated in this case. No case is made

Page No.2 out against him. Hence, it is prayed that applicant be benefited with grant of anticipatory bail.

3. Learned State counsel opposes the bail application and the submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. According to FIR lodged it is alleged, that this applicant along with other accused persons committed house trespass in the house of the complainant Rajesh Kumar and then the members of the unlawful assembly abused, threatened and assaulted the complainant causing injuries to him. Hence, this case.

6. Considered the age of the applicant and the evidence present in the case diary, I am of this opinion that applicant should be granted anticipatory bail.

7. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; (ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

Page No.3 (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

Sd/- (Rajendra Chandra Singh Samant) Judge NIsha