Ravi Soni v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1770 of 2021 • Ravi Soni S/o Ashok Soni, aged about 20 years, resident of village Dhaneli, Police station Dharsiwa, District Raipur (C.G.). ---- Applicant

Versus

• State Of Chhattisgarh Through : Police Station Dharsiwa, District Raipur (C.G.).

---- Respondent For Applicant :

Mr. R.K. Pali, Advocate.

For Respondent :

Dr. Veena Nair, Dy. A.G.

Hon'ble Smt Justice Rajani Dubey Order on Board /05/2021 Proceeding through video conferencing.

1.

The applicant has preferred this First bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.528/2017, registered at Police Station - Dharsiwa, District Raipur (C.G.) for the offence punishable under Sections 302, 201 and 120-B IPC.

2.

The allegation against the present applicant is that he (juvenile at the time of incident) along with Neera Sahu, wife of deceased and other accused person, entered into conspiracy to kill Khubchand Sahu and killed him. Based on this, offence has been registered. The present applicant has been taken into custody on 27.10.2017.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the present applicant has been arrested only on the basis of memorandum statement of co-accused persons and there is no incriminating material against the present applicant. He also submits that the material

witnesses have been examined and they have not supported the case of the prosecution. He next submits that the applicant is languishing in jail from 27.10.2017 and considering the detention period of the applicant, he may be released on bail.

4.

On the other hand, learned State counsel submits that Probation OfÏcer orally informed that release of applicant would not bring him in association with any known criminals or expose him to moral, physical or psychological danger or would otherwise defeat the ends of justice.

5.

I have heard learned counsel for the parties and perused the record including the statements of material witnesses. 6.

Considering the totality of the facts and circumstances of the case, quality of evidence, and further considering the detention period of the applicant, without further commenting on merits of the case, I am inclined to release him on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

9.

I.A.No.01/2021, for hearing during summer vacation stands disposed of.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Vacation Judge PKD