UMASHANKAR SAHU vs STATE OF CHHATTISGARH

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has

been arrested in connection with Crime No.161/2017 registered at Police Station Rajim, District Gariyaband (C.G.) for the offence punishable under

Section 384/34 of the Indian Penal Code.

Case of the prosecution in brief is that Ramakant Sahu the main accused and the applicant other accused is involved extortion of Rs.2 lacs from the

complainant. According to the prosecution case, the applicant and other co-accused threatened the complainant that unless he pays Rs.2 lacs video

recording showing him taking bribe would be made viral on inter-net.

Learned counsel for the applicant would submit that the applicant has not committed any offence, he has been falsely implicated in crime in question

and other co-accused persons namely, Yugal Kishore Sahu in M.Cr.C. No.6126/2017 and Ramakant Sahu in M.Cr.C. No.7103/2017 involved in this

case. The applicant is in custody since 17-08-2017, charge-sheet has already been filed and no useful purpose will be served by detaining him in jail,

therefore, he may be released on regular bail.

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

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

Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence, the case

of the applicant is similar to that of Ramakant Sahu, pre-trial detention and the charge-sheet has already been filed, this Court is of the opinion that

present is a fit case in which the applicant should be enlarged on regular bail.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicant shall 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 trial Court for his appearance

as and when directed.