Indranath Jadi v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8097 of 2016 Indranath Jadi, S/o. Shri Govind Ram Jadi, Aged About 30 Years, R/o. Narayanpur, Police Station- Jashpur, District Jashpur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through Police Station- Incharge, Police Station Basantpur, District Balrampur, Chhattisgarh.

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

Ms. Sonia Kuldeep, Advocate For Respondent :

Mr. Anant Bajpai, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 21/12/2016 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.97/2015 registered at Police Station- Basantpur, District Balrampur (C.G.) for the offence punishable under Sections 507, 386, 120(B), 506 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that a report was made by Akhand Kumar Yadav that the present applicant in between 17.09.2015 to 19.09.2015 had demanded amount and also extended threat that if the amount is not paid, he will be eliminated and it was stated that one Satyanarayan Yadav has given a contract to kill the complainant for an amount of Rs.4 Lakhs and in order to make him free, such demands were made and an amount of Rs.3000/- was deposited in the account.

3.

Learned counsel for the applicant would submit that the entire story as projected by the prosecution is improbable and the

amount of Rs.3000/- which was deposited in alleged account of Reema Minj and no investigation was conducted in respect of the that who was Reema Minj and how much amount was deposited and further false allegations have been leveled. She further submits that the charge sheet has been filed and no further investigation is necessary, 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 and the statement of the complainant Akhand Kumar Yadav. Considering the statement and the facts and circumstances of the case and further considering the fact that the charge sheet has been filed and the offence is triable by the J.M.F.C., 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