Bhuwanram Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 211 of 2020 • Bhuwanram Patel S/o Mohan Ram Patel Aged About 43 Years, R/o Village Chaknar, Police Station Gandai, Tahsil Chhuikhadan, District Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House OfÏcer, Police Station Gandai, District Rajnandgaon, Chhattisgarh. ---- Respondent For Applicant :

Mr. Abhishek Sharma, Adv.

For Respondent/State :

Mr. B. L. Sahu, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 24/02/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 233/2019 registered at Police Station-Gandai, District - Rajnandgaon (C.G.) for the offence punishable under Sections 294, 324, 506 and 326 of the IPC.

2. The prosecution story, in brief is that, complainant Ram Singh lodged a report that on 28.10.2019 the applicant came to his house and called him mad and used filthy language, thereafter applicant caught the collar of complainant's brother and bite on his right ear, at that time his nephew came there to oppose, but the applicant committed maarpeet with him. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that charge-sheet has been filed

and the applicant is in jail since 28.10.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is in jail since 28.10.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu