Manish Dubey Alias Montu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7686 of 2018 • Manish Dubey Alias Montu S/o Bhookhan Prasad Dubey Aged About 41 Years R/o Kailash Nagar Kuan Gali Rented House Near The House Of Vaishnav, Police Station Mohan Nagar Durg District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate Durg District Durg Chhattisgarh., District : Durg, Chhattisgarh ---Respondent ---------------------------------------------------------------------------------------- For Applicant : Shri T.K. Jha, Advocate For Respondent/State : Shri Lav Sharma, Panel Lawyer ---------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 31.10.2018 1.

Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.547/2018, registered at Police Station, Chhavni, District Durg (CG) for the offence punishable under Sections 384, 386, 506 & 34 of the IPC.

3.

As per the case of prosecution, complainant Niyaz Siddique lodged a report on 21.7.2018 with the Police Station Chhavni that when he was in jail in connection with an offence under Section 307 of the IPC, he came into contact with Tapan Sarkar. It is allegation of the prosecution that Tapan Sarkar is involved in betting of IPL Cricket Match. It is alleged that Tapan Sarkar asked the complainant

to invest money. The applicant is involved on the ground that he has participated in demanding money from the complainant. 4.

Learned counsel for the applicant submits that the offence is triable by Judicial Magistrate First Class. He submits that the applicant is in jail since 26.7.2018 and trial may take some time, therefore, the applicant may be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case and the fact that the offence is triable by Judicial Magistrate First Class and trial will take some time, I am inclined to release the applicant on bail.

8.

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

9.

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

10.

Certified copy as per rules.

Sd/ (Ram Prasanna Sharma) JUDGE sunita