High Court Of ChhattisgarhMCRC/8675/2018allowed

Ramesh Raj Jaiswal v. State Of Chhattisgarh

2018-12-11Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8675 of 2018 Ramesh Raj Jaiswal S/o Late Durga Prasad Jaiswal Aged About 43 Years R/o Bajrangpara, Kohka, Bhilai, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police StationNarayanpur, District- Narayanpur, Chhattisgarh. ---- Respondent For the Applicant :

Shri S.A. Ansari, Advocate For the State :

Shri S.K. Mishra, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /12/2018

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.27/2018 registered at Police Station Narayanpur, District Narayanpur (C.G.) for the offence punishable under Sections 294, 323, 506, 325 of IPC and Section 3(1)(d), 3(1)(dh) of SC & ST (Prevention of Atrocities) Act.

3. Case of the prosecution, in brief is that complainant is the member of Scheduled Tribe. Applicant is neither member of Scheduled Caste nor Scheduled Caste. On 07/02/2018 about 2 p.m. in village Markabeda, applicant came and hit the complainant Sunnilal Vadde by club and caused injury on his head, elbow of left hand, above right eye.

4. Learned counsel for the applicant submits that he has innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the facts and circumstances of the case,looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that he shall appear before the trial Court at 11.00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde