Allowed

Anand Kumar Jangde v. State Of Chhattisgarh

Chhattisgarh HC9 Mar 2017MCRC/1129/2017

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a first bail application filed under Section 439 CrPC. The applicant sought regular bail for an offence punishable under Section 394 IPC. The court found that a similarly placed co-accused had been granted anticipatory bail based on the complainant's affidavit and inclined to allow the present application on similar footing, directing release on personal bond

What did the court decide?

The bail application is allowed; applicant directed to be released on bail on executing a personal bond of Rs. 25,000/- with one surety.

Anand Kumar Jangde Vs State Of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2017)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1129 of 2017

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Anand Kumar Jangde S/o Jhunakram Jangde, Aged About 23 Years Caste- Satnami, R/o- Kapu, Tahsil And Police Station Dharamjaigarh, District- Raigarh, Chhattisgarh. --- Applicant

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Versus

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State of Chhattisgarh through - Station House Officer of the Police Station - Kapu, District Raigarh, Chhattisgarh. --- Respondent

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For the applicant : Mr. Abhishek Saraf, Advocate For the Respondent : Mr. Anant Bajpai, Panel Lawyer

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Hon'ble Shri Justice Goutam Bhaduri

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Order on Board

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09.03.2017

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This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 85/2016 registered at Police Station Kapu, Distt. Raigarh (C.G) for the offence punishable under Section 394 IPC.

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As per the prosecution case, on 20.10.2016 at about 10 o' clock while the complainant was going to his house, the applicant along-with other accused stopped him, assaulted and looted Rs.10,000/- from him whereby the offence is committed.

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Learned counsel for the applicant would submit that the applicant has been falsely implicated and the complainant has filed affidavit wherein it is stated that after consumption of liquor, the incident happened on trivial issues and the complainant has no objection if the applicant is enlarged on bail. It is further submitted that on the basis of such affidavit and submission made by the counsel, similarly placed

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accused Gyan Ratre has been enlarged on anticipatory bail in M.Cr.C.A. No.1308/2016 on 03.03.2017 wherein it records that the complainant do not want to proceed against the accused persons.

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Per contra, learned State Counsel opposes the bail. However, he do not dispute the fact that similarly placed coaccused has been enlarged on anticipatory bail by this Court on the basis of affidavit filed by the complainant and submission made by the counsel for the applicant therein.

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Taking into consideration such facts and circumstances of the case especially the fact that the co-accused Gyan Ratre has been enlarged on anticipatory bail, I am inclined to allow this bail application on similar footing.

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Accordingly, the bail application is allowed and the applicant is directed to be released on bail on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed.

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C.c. as per rules.

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Sd/GOUTAM BHADURI JUDGE

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R a o

Anand Kumar Jangde v. State Of Chhattisgarh

Case brief

What is this about?

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Anand Kumar Jangde v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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