High Court Of ChhattisgarhMCRC/7585/2016allowed

Jageshwar Sahu v. State Of Chhattisgarh

2016-11-30Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7585 of 2016 • Jageshwar Sahu S/o Gajanand Sahu Aged About 35 Years R/o Village Kirwai, Thana Simga, District Balodabazar-Bhatapara, Chhattisgarh. --- Applicants

Versus

• State of Chhattisgarh Through Officer-In-Charge, Police StationSimga, District Balodabazar- Bhatapara, Chhattisgarh. - Respondent For the applicant :

Mr. Mahendra Dubey, Advocate For the Respondent :

Mr. Aupam Dubey, Dy. Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 30.11.2016

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. 173/2016 registered at Police Station Simga, Distt. Baloda Bazar Bhatapara (C.G) for the offence punishable under Section 295 "A" of IPC.

2. As per the prosecution case, on 19.06.2016 the applicant who was member of Dharmsena demonstrated a stage show at that time from the stage, he stated that 70% of Satnami community is engaged in smuggling cows, thereby he caused hurt to the feelings of Satnami Society.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case; the charge sheet in this case has been filed; no further investigation is necessary and he is in custody since 06.09.2016, therefore, he may be enlarged on bail.

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

5. Perused the case diary and documents. Considering the fact that the charge sheet has been filed; no further investigation is necessary and looking to the pretrial detention of the applicant as he is stated to be in jail since 06.09.2016, 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 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 till disposal of the trial.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o