High Court Of ChhattisgarhMCRC/1200/2019allowed

Nitish Soni v. State Of Chhattisgarh

2019-04-03Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1200 of 2019 • Nitish Soni S/o Deepnarayan Soni Aged About 30 Years R/o Village Patna Pandopara, Road, P. S. Patna, District Koria Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Out Basdeyi, Police Station Surajpur, District Surajpur Chhattisgarh ---- Respondent For Applicant : Mr. AK Prasad, Advocate.

For Respondent/State : Mrs. Smriti Shrivastava, PL.

For Objector : Mr. Pushkar Sinha, Advocate.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 03/04/2019

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. 507/2018, registered at Police out post Basdeyi, Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Section 458, 427, 506 B, 323 & 294 of the IPC.

2. As per prosecution story, on 19.12.2018 at about 7 PM, when complainant Sadhna Jaiswal was doing some domestic work in her home, allegedly, the applicant entered into her house, assaulted her and her family members by means of club and also threatened them. Thereafter, the matter was reported. The applicant is in custody since 14.01.2019.

3. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant is in custody since 14.01.2019, charge-sheet has already been filed and trial is likely to

take some time. Therefore, the applicant may be released on bail.

4. Per contra, learned counsel appearing on behalf of State and objector 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 14-01-2019, charge-sheet has already been filed and trial is 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