High Court Of ChhattisgarhMCRC/6525/2019allowed

Arun Kumar Sarrap v. State Of Chhattisgarh

2019-10-18Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6525 of 2019 • Arun Kumar Sarrap, S/o Late Upendr Sarrap, aged about 45 years, R/o Ward No. 03 Sariya, Thana Sariya, Tahsil Baramkela, District Raigarh, (C.G) ---- Applicant

Versus

• State of Chhattisgarh Through Police Station- Sariya District Raigarh Chhattisgarh.

---- Respondent _____________________________________________________________ For Applicants : Mr. Sanjay Agrawal, Advocate.

For Respondent/State : Ms. Hamida Siddiqui, Dy. A.G.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 18/10/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 142/2019, registered at Police Station Sariya, District Raigarh (C.G.) for the offence punishable under Sections 186, 294, 353, 506 of IPC.

2. The prosecution story in brief is that on 19.09.2019, one Mahendra Raj Gupta, CMO of Nagar Panchayat Sariya made a written complaint against the applicant alleging therein that on 16.09.2019 at about 3.0 PM, when he was in the office, applicant entered in the Office, committed marpeet, hurled abuses, threw the files and threatened him. On the basis of said compliant, offence has been registered against the applicant. The applicant has been arrested on 19.09.2019.

3. Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. Due to some dispute with the concerned officer, the entire story was

concocted. Apart from offence under Section 353 of IPC, all offences are bailable. Charge-sheet has already been filed and the applicant has no previous antecedent. He further submits that applicant is in custody since 19.09.2019 and trial will take some time. Therefore, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant has no criminal antecedent, he is in custody since 19.09.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Vijay Sahu