High Court Of ChhattisgarhMCRC/838/2020allowed

Somu @ Adarsh Raut v. State Of Chhattisgarh

2020-03-19Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 838 of 2020 • Somu @ Adarsh Raut S/o Late Raju Raut, Aged About 19 Years R/o Buddh Vihar Chowk, Gali No. 05, Shankar Nagar, Durg, Tahsil And District Durg Chhattisgarh.

---- Applicant

Versus

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

---- Respondent For Applicant.

Mr. P.R. Patankar, Advocate.

For Respondent/State :

Mr. Vinod Kumar Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 19.03.2020

1. The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 350/2019 registered at Police Station Mohan Nagar, District Durg (C.G.) for the offence punishable under Section 307 of the IPC.

2. As per the prosecution case, the allegation against the present applicant is that he stabbed the knife in the body of victim because of some sudden fight arose for Rs. 2,000/- Based on that, after investigation, offence has been registered against the applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the injuries are simple in nature and the applicant is in jail since 17.10.2019 and he is ready to furnish

adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicant may be released on bail.

4. Per contra, State counsel 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, looking to the detention period of the applicant i.e. since 17.10.2019, as 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 said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu