Akash Sharma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6640 of 2017 Akash Sharma, S/o. Late Narendra Sharma, Aged About 25 Years, R/o. Suman Colony, Arang, Police Station Arang, District Raipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Police Station- Purani Basti, Raipur District Raipur Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. S.C.Verma, Advocate For Respondent :

Mr. S.K.Mishra, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 06.12.2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.277/2017 registered at Police Station- Purani Basti, Raipur, District Raipur (C.G.) for the offence punishable under Section 436 of I.P.C. 2.

As per the prosecution case, a report was made by the complainant Chandrama Pandey that over some dispute, his sonin-law set on fire on the house of the complainant; thereby the offence has been committed.

3.

Learned counsel for the applicant submits that only on apprehension and on hear-say, the report was made and the affidavit has been filed by the complainant that the applicant may be enlarged on bail as he is son-in-law; therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary, statement and also the affidavit of the complainant. Considering the facts & circumstances of the case, nature of allegation and taking into fact that no objection has been made and the applicant is in jail since 15.09.2017, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok