Shankarlal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7254 of 2019 • Shankarlal S/o Itwari Lal Kachwaha, Aged About 62 Years (Wrongly Mentioned 52 Years ) R/o Ward No. 27 Infront Of C. M. D. College, Police Station Tarbahar, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Sirgitti, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Ashish Shukla, Advocate For Respondent/State : Shri Wasim Miyan, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 27.11.2019 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.375/2019, registered at Police Station Sirgitti, District Bilaspur(CG) for the offence punishable under Sections 294, 506, 186, 332, 353, 147, 148 & 149 of the IPC.

3.

As per the case of prosecution, on 28.10.2019 on the information about gambling in the farmhouse of the applicant, the police party raided the place of incident where the applicant and other co-accused persons abused in filthy language to the police persons and threatened them to kill and thereby obstructed in the work of govt. servant.

4.

Learned counsel for the applicant submits that the applicant has not committed any offence. The applicant is a leader and he is organizing social functions and Deepawali meeting in his farmhouse and the police party came there and levelled false allegations against the applicant regarding gambling. He submits that the applicant is in jail since 28.10.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and that the applicant is in jail since 28.10.2019, I am of the opinion that present is a fit case to release the applicant on bail. 8.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita