Parasram Lahre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 810 of 2021 • Parasram Lahre S/o Ganeshram Lahre Aged About 28 Years OccupationLabour, R/o Ward No. 8, Ramantola, Mahasamund District- Mahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station- Mahasamund, DistrictMahasamund, Chhattisgarh., District : Mahasamund, Chhattisgarh ---- Respondent For Applicant :

Shri Deepak Kumar Jain, Advocate For Respondent/State :

Shri C.B. Kesharwani, P.L.

Hon'ble Justice Shri Gautam Chourdiya Order on Board 18/03/2021

1. The applicant has preferred this first bail application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 28.12.2020 in connection with Crime No.719/2020, registered at Police Station- Mahasamund, District Mahasamund(CG) for the offence punishable under Sections 25 and 27 of the Arms Act 1959.

2. Case of the prosecution is that on 28.12.2020 at 1.55 pm police received secret information that the applicant was carrying an iron sword in his hand and he was waving and threatening the people with the said iron sword due to which people came in fear. Based on this, an offence was registered and the applicant was taken into custody.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, he has not committed any offence. He further submits that the applicant has been arrested on 28.12.2020 and trial is likely to take some time for

its final disposal, therefore, the applicant may be released on bail by this Court.

4. On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that there were 9 cases registered against the applicant, but he has been acquitted of the same.

5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the detention period of the applicant from 28.12.2020 and there is no previous conviction of the applicant shown by the State counsel and in number of cases registered against him, he has been acquitted and conclusion of trial may take some time, the application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:- (a)he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

(b)he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) he shall not involve himself in any offence of similar nature in future.

6.

Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial court in the event of applicant involving himself in similar offence in future. Sd/ (Gautam Chourdiya) Judge sunita