Aminesh Tiwari v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet M.CR.C. No. 1136 of 2017 Aminesh Tiwari, S/o. Shri Raju Tiwari, aged about 18 years, R/o. Shanti Nagar, Rajnandgaon, Police Station -Rajnandgaon, District - Rajnandgaon (C.G.) .......Applicant -Versus - State Of Chhattisgarh, Through : Out Post Chikhali, P.S. - Kotwali, Rajnandgaon, District - Rajnandgaon (C.G.) .......Respondent iN Mr.

13.02.2017 Ms. Renu Kochar, Advocate for the Applicant.

Mr. Neeraj Jain, Govt. Advocate for the State. Heard on application filed under Section 439 of the Code of Criminal Procedure for grant of temporary bail.

The applicant has been arrested in connection with Crime No.383/2016 registered at Police StationKotwali, Out Post - Chikhali, District - Rajnandgaon (C.G.) for the offence punishable under Section 307, 294, 506/34 of the Indian Penal Code.

It is submitted that the applicant is the student of Class-12th and his exam is going to start on 14.02.2017, which will go up to 08.03.2017, therefore, in order to allow the applicant to appear in the examination freely, for a limited period, the applicant may be enlarged on bail.

In respect of the exam, no dispute is made by the State counsel.

Considering the fact that the applicant appears to be the student of Class-12th, as a temporary measure, it is directed that the applicant shall be released on bail from today 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 and thereafter the applicant will surrender before the concerned Trial Court on 15.03.2017. In view of the above, bail application filed under Section 439 of Cr.P.C. for grant of temporary bail is allowed.

It is further observed that since the exams are to be commenced from tomorrow, in the facts of this case, the State is also directed to communicate the same to the concerned authorities and the copy of the bail order if is taken out from web-site and is accompanied by an affidavit of any of parents of the applicant, the same should be considered by the concerned trial Court.

Certified copy today.

Sd/- Li (Goutam Bhaduri) Judge Balram