Jamuna Prasad Jangde vs State Of Chhattisgarh

The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail

during trial in connection with Crime No.169/2017, registered at Police Station Kondagaon, Distt. Kondagaon, for the offence punishable under

Sections 420, 294, 506 of the IPC and Section 3(1)(n)(/k) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Case of the prosecution, in brief, is that in the year 2015, the applicant obtained ₹ 15,000/- from complainant Omprakash, who is a member of

Scheduled Tribe, and when the money was demanded the applicant assaulted the complainant and abused him and thereby committed the offence.

Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. There is

delay of more than two years in lodging the FIR. The applicant is in custody from 5-1-2018 and charge-sheet has been filed.

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

I have heard learned counsel for the parties and perused the case diary.

Taking into consideration the nature and gravity of offence, facts and circumstances of the case, extent of delay in lodging the FIR, pretrial

detention of the applicant and charge-sheet has been filed, I am of the view that it is a fit case to enlarge the applicant on regular bail. Accordingly, the

application is allowed.

It is, therefore, directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like

sum to the satisfaction of the concerned Court for his appearance as and when directed.