Abhishek Kashtri v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1245 of 2020 Abhishek Kashtri, S/o Shri Chhannulal Kshtri, Aged about 35 years, R/o Tulsinagar Kushalpur, Police Station Purani Basti, Raipur, District Raipur, Chhattisgarh.

---Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station- Purani Basti, District Raipur, Chhattisgarh.

--- Non-applicant/State For Applicant :- Mr. Ashutosh Mishra, Advocate For State :- Mr. Ghanshyam Patel, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 12/05/2020

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. 29/2020, registered at Police Station - Purani Basti, District Raipur (CG), for the offence punishable under Sections 294, 323, 327, 506(B) read with Section 34 of the Indian Penal Code.

2. Case of the prosecution, in brief, is that the applicant along with four other accused persons

demanded money from the complainant for the purpose of buying liqour and when refused, caused simple injury to the complainant and also abused and threatened him and thereby, committed the aforesaid offence.

3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in the crime in question. He would further submit that the applicant is in jail since 31/01/2020 and no purpose would be served by detaining him in jail.

4. On the other hand, learned counsel for the State would oppose the bail application.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicant and pre-trial detention of the applicant, this Court is of the opinion that present is a fit case wherein the applicant should be enlarged on regular bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8. It is directed that the applicant shall be released on bail on his 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.

9. It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished 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 not 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.

10. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge Harneet