Silu Tiwari v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1342 of 2018 • Silu Tiwari S/o Ramnaresh Tiwari Aged About 20 Years R/o.- Village Bamhauri, Thana- Charkhari, District- Mahoba (U.P.) Present AddressHouse Of Dipendra Tiwari, Near Shivmandir, Rajiv Nagar Durg, Tahsil And District- Durg, Chhattisgarh, District : Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- District Magistrate, Durg, DistrictDurg, Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Arvind Dubey, Advocate.

For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 18/04/2018

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.56/2018 registered at Police Station- Durg, District- Durg(C.G.) for the offence punishable under Section 25 & 27 of the Arms Act.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 19.01.2018. After completion of investigation, charge-sheet has been filed. Hence, it is prayed that he may be released on bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

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5. As the case is this, that applicant was found in possession of two country made pistol and one live cartridges on the date of incident which was seized by the police. Hence, this case.

6. As this applicant has no criminal antecedent and the trial in this case is likely to take some time before its conclusion. For this reason, I am of this view that this is a fit case where applicant should be released on regular bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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 Nisha