Shiv Kumar Chandrakar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8224 of 2016 Shiv Kumar Chandrakar, Son Of Shri Shankar Lal Chandrakar, Aged About 36 Years, R/o. Village Daganiya, Police Station Gobara Navapara, Tahsil Abhanpur, District Raipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through: Station House Office, Police Station Gobara Navapara, District Raipur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Raghavendra Pradhan, Advocate For Respondent :

Mr. U.K.S.Chandel, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/01/2017 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.233/2016 registered at Police Station- Gobara Navapara, Tahsil Abhanpur, District Raipur (C.G.) for the offence punishable under Section 306 of Indian Penal Code.

2.

As per the prosecution case, one Lachchan committed suicide on 10.08.2016 by consuming poison. It is alleged that the present applicant on different point of time has received an amount of Rs.2,05,000/- from the deceased, however, it not was returned. Subsequently, it is alleged that the present applicant used to sexually exploited the girls of the school to make them pass. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated and the case is in-fact about the

monetary transactions and no abetment has been committed, 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 documents. Considering the facts and circumstances of the case, nature of allegation and the fact that the charge sheet has been filed, 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