Harish Uike v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1890 of 2020 • Harish Uike S/o Mahadev Uike Aged About 21 Years R/o Dipti Signal, Bazaar Road, Near Keshav Ataa Chakki, Kalmna Nagpur, Maharashtra, ---- Applicant

Versus

• State Of Chhattisgarh Through S.H.O. Police Station Khairagarh, District Rajnandgaon, Chhattisgarh ---- Respondent For applciant : Shri B.P.Singh, Advocate For Respondent/State : Shri Samir Sharma, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board 10/06/2020 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. 428/2019 registered at police station Khairagarh, district Rajnandgaon (CG) for the offence punishable under Sections 365,341,294,323 and 34 IPC. As per prosecution case, report was lodged by the complainant alleging that on the date of incident when he along with his wife was returning from Khairagarh, on the way, his bike got punctured and at that time two persons came one on a bike and another in a car, they

stopped there and sprinkled chilli powder, beat him and kidnapped his wife.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant was having love affair with the wife of the complainant. He further submits that the applicant is in jail since 28.11.2019 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. 25,000/- 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