Boby Naikar @ Tirupati Balaji Naikar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1926 of 2020 • Boby Naikar @ Tirupati Balaji Naikar S/o Late Mohan Naikar Aged About 27 Years R/o 32 Acre Housing Board Bhilai P.S. Jamul Tehsil And District Durg Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, District Durg Chhattisgarh.

---- Respondent For Applicant.

:

Mr. Avinash Chand Sahu, Advocate.

For Respondent/State :

Mr. Ayaz Nave, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 11.06.2020

1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 02/2020 registered at Police Station : Jamul, District Durg (C.G.) for the offence punishable under Sections 307, 34 of the IPC and Sections 25 & 27 of the Arms Act.

2. The prosecution story in brief is that, on 31.12.2019, a quarrel took place between complainant and other coaccused person and the allegation against the present applicant is that he along with other co-accused assaulted the complainant with the help of knife and caused him grievous injuries. Based on that, offence has been registered against the applicant and the applicant was arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 01.01.2020 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

4. On the other hand, State counsel opposes the bail application.

5. I have heard learned counsel for the parties and perused the record.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering that the applicant is in jail since 01.01.2020 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

8. 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. Sd/- (Rajani Dubey) Judge Vijay Sahu