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High Court Of ChhattisgarhMCRC/1441/2020allowed

Rajnu Korram v. State Of Chhattisgarh

2020-06-01Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1441 of 2020 • Rajnu Korram S/o Dugguram Korram Aged About 26 Years Caste- Gond, Resident Of Village- Parali, Police Station And Tahsil- Keshkal, District- Kondagaon Chhattisgarh, ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station- Sihawa, District- Dhamtari Chhattisgarh ---- Respondent For Applicant : Shri D.N.Prajapati, Advocate For Respondent/State : Smt. Richa Shukla, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board 01/06/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 04/2020 registered at police station Sihawa, district Dhamtari (CG) for the offence punishable under Sections 387 IPC and Section 25 of the Arms Act. As per prosecution case, the applicant and two other coaccused persons have demanded money from the complainant after putting him in fear of death by showing knife and pistol. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that the applicant is in jail since 12.01.2020; offence is triable by the Magistrate and

looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnishing in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of In Re: Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (C) No. 1/2020), he need nod furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks' from today. Sd/- (Rajani Dubey) Judge suguna