Ram Lochan Singh v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7845 of 2017 Ram Lochan Singh S/o Late Shri Hem Singh Aged About 56 Years R/o Village Uslapur O.P. Fasterpur, Police Station And District Mungeli Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through Police Station Civil Line Bilaspur District Bilaspur Chhattisgarh.
---- Respondent For the Applicant :
Shri Pushpendra Singh Baghel, Advocate.
For the Respondent/State :
Shri Anil S. Pandey, G.A.
For the Complainant/ Objector :
Shri Devesh G. Kela, Advocate.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
ORDER
16.02.2018 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.862 of 2017, registered at Police Station Civil Lines, Bilaspur, District - Bilaspur, Chhattisgarh for the offence punishable under Sections 341, 294, 506B and 323 of the Indian Penal Code and Section 25 of the Arms Act.
2.
Learned counsel for the applicant submits that the applicant is in jail since 9.11.2017 and he has been falsely implicated in this case. The applicant is ready to abide by all the conditions imposed on him. Hence, it is prayed that the applicant be enlarged on bail.
3.
On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that there is allegation against the applicant that on a previous incident, he assaulted and injured the parents of the complainant and in this incident, he assaulted and injured the complainant inside the Court Campus and was also armed with a knife, which shows that serious consequences could have resulted if the witnesses present in the Court Campus had not intervened in the incident. Hence, the applicant is not entitled for grant of bail. 4.
Learned counsel for the Objector/ complainant submits that he has no objection if the applicant is granted regular bail. 5.
Heard counsel for both the parties and perused the case diary. 6.
On the date of incident when complainant - Vinay Singh Thakur was present in the Court Campus of District Court, Bilaspur and it was at that time, the applicant using abusive words for him, caught hold of him and assaulted him with the handle of the knife in his possession causing some simple injuries to him. He also threatened the complainant with dire consequences. On the basis of which, FIR has been lodged and the case has been registered against the applicants. After completion of investigation, the charge-sheet has been filed. 7.
Taking into consideration the facts and circumstances of the case and the applicant is a local resident of District Surguja and there shall be no
difficulty in his availability during trial and the trial of the case is likely to take some time for its final disposal, the application deserves to be allowed. 8.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
9.
It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.
Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi