Dhamendra Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10020 of 2018 Dhamendra Nishad, S/o Shri Titra @ Munna Nishad, aged about 35 years, R/o Village Parasiya, Police Outpost Saket, Thana Pathariya, Civil and Revenue District Mungeli (CG). ---- Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Outpost Saket, Thana Pathariya, Civil & Revenue District Mungeli (CG). ---- Non-applicant For Applicant : Mr. Sumit Shrivastava, Advocate.

For Non-applicant : Mr. Sumit Jhanwar, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 22.01.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the counsel for the State in connection with crime No.551/2018 registered at Police Station Police Outpost Saket, Thana Pathariya, District Mungeli for the offence punishable under Section 436 of Indian Penal Code.

3.

Case of the prosecution, in brief is that on 27.11.2018 at about 8:00 p.m. at village Parasiya, the applicant sat the house of the complainant Titra @ Munna on fire and mischiefed him.

4.

Counsel for the applicant submits that the applicant has not committed any offence. He is innocent and has been falsely implicated in the present case, therefore, he may be released on bail.

5.

On the other hand, counsel for the State opposes the prayer for grant of bail to the applicant however, he submits that no criminal antecedent is reported against the applicant in police case diary. 6.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence; and the trial is likely to take some more time for its final disposal, this Court is inclined to give benefit of Section 439 of the Cr.P.C. to the applicant. Accordingly, the bail application is allowed. 7.

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 Trial 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 co-operate during the trial, he shall be released on bail. 8.

Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE L/-