High Court Of ChhattisgarhMCRC/193/2019allowed

Nasir Khan @ Jogi Pathan v. State Of Chhattisgarh

2019-01-30Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 193 of 2019 • Nasir Khan @ Jogi Pathan S/o Tahir Khan Aged About 20 Years R/o Station Maroda, Near Market Newai, Police Station Newai Tahsil And District Durg Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate Durg, District Durg Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri Vijay Kumar Sahu, Advocate.

For Respondent/State : Shri DP Singh, Dy. GA.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 30/01/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 125/2018, registered at Police Station Newai, District Durg (C.G.) for the offence punishable under Section 294, 506, 323, 326, 34 of the IPC.

2. As per the prosecution story, it is alleged that on 21.06.2018, the applicant along with other co-accused person namely Sunny Nayak on account of old dispute, assaulted the complainant namely Chetan Kashyap with hands, fist and cutter, due to which he sustained injuries on his waist, allegedly the applicant assaulted the complainant with a cutter. On the basis of above, offence has been registered. The applicant is in custody since 21.06.2018.

3. Learned counsel appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is in custody since 21-06-

2018, charge-sheet has already been filed and trial will take some time, therefore, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that the applicant is in custody since 21-06-2018, charge-sheet has already been filed and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one local solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham