Rajeev Mandal And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8338 of 2016

1. Rajeev Mandal S/o Vidhan Mandal Aged About 21 Years,

2. Vibhash Baroi S/o Vivek Baroi Aged About 20 Years, Both are R/o Village- Kurushbodi, Police Station- Gondahur, Revenue And Civil District- North Bastar Kanker, Chhattisgarh ----Applicants

Versus

State Of Chhattisgarh Through The Police Station Pakhanjur, District- North Bastar Kanker, Chhattisgarh ---- Respondent For applicants - Shri P.K. Tulsiyan, Advocate. For Respondent/State - Shri Wasim Miyan, PL Hon'ble Shri Justice Goutam Bhaduri Order 3/01/2017 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.126/2016 registered in Police Station Pakhanjur District Kanker (C.G.) for offence punishable under section 457/34 of Indian Penal Code and under Section 25 of Arms Act.

2.

As per the prosecution case, complaint was made by one Jagdish Vishvas that on 30/10/2016 while they were sleeping in their house, at that time when his wife woke up after hearing some noise, when she went to the room saw that applicant was in the second room holding knife and after seeing the applicant wife raised alarm, complainant also reached there and scuffle took place in between the wife of the complainant and the applicant and the applicant thereafter tried to fled away, however was caught. During the investigation it was found that applicant No.1 Rajeev Mandal entered into room and while

applicant No.2 Vibhash Baroi was standing out side. 3.

Learned counsel for the applicants submits that applicants have been falsely implicated in the case, charge sheet has been filed, no further investigation would be necessary, therefore the applicants may be enlarged on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Considering the facts and circumstances of the case, degree of allegation and also for the fact that charge sheet has been filed, this court is inclined to release the applicants on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri