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2021 Supreme(Chh) 33

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
GOUTAM BHADURI, J.
Paramvir Singh Marhas S/o Late Shri Pyara Singh – Appellant
Versus
State of Chhattisgarh – Respondent
MCRC No. 3014 of 2021
Decided On : 21-05-2021

Advocates:
Advocate Appeared:
For the Appellant : Sri. Bhaskar Payashi.
For the Respondent: Ms. Sunita Jain.

Point of Law: Grant of Bail - Extortion - Charge sheet has been filed and recovery has been made and the applicant is in jail since 04.02.2021 and offence is triable by Judicial Magistrate First Class-I, I am inclined to release the applicant on bail.

Headnote:

Code of Criminal Procedure, 1973 - Section 439 - Indian Penal Code, 1860 - Sections 384, 386 R/w 34 - Offence of extortion - Grant of regular bail - A Allegation against applicant is that pretending himself as Journalist of a news channel he has extracted huge sum of money from one C.R. Netam by putting him under threat who is a government servant - From possession of applicant money, car, motor cycle, gold chain etc. were seized - This is first bail application filed under Section 439 of Code of Criminal Procedure for grant of regular bail to applicant who has been arrested in connection with Crime registered at Police Station for offence punishable under Sections 384, 386 R/w 34 of IPC.

Finding of the Court:

Charge-Sheet has been filed and recovery has been made and the applicant is in jail since 04.02.2021 and offence is triable by Judicial Magistrate First Class-I, Court is inclined to release the applicant on bail.

Result: Bail Application Allowed.

ORDER :

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 48/2021 registered at Police Station-City Kotwali, District Mungeli (C.G.) for the offence punishable under Sections 384, 386 R/w 34 of IPC.

2. As per the prosecution case allegation against the applicant is that pretending himself as the Journalist of a news channel he has extracted huge sum of money from one C.R. Netam by putting him under threat who is a government servant. Subsequently, from the possession of the applicant money, car, motor cycle, gold chain etc were seized.

3. Learned counsel for the applicant submits that the applicant was arrested on 04.02.2021 and he is suffering from high diabetes and blood pressure. He further submits that charge sheet has been filled therefore, the present applicant may be released on bail. He further submits that initially the interim bail was prayed for the reason that the applicant is suffering from Covid-19, however the applicant has no document about the same.

4. Learned State counsel opposes the prayer for grant of bail and submits that the offence are grievous one. She further submits that the latest medical report received do not reflect that the applicant is suffering from Covid-19.

5. Considering the facts and the circumstances and the charge sheet has been filed and recovery has been made and the applicant is in jail since 04.02.2021 and offence is triable by Judicial Magistrate First Class-I, I am inclined to release the applicant on bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs. 50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

7. Accordingly, I.A. No. 03 i.e. application for hearing during summer vacation and I.A. No. 04 i.e. application for urgent hearing stands disposed off.

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