Ujjwal Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2120 of 2020

1. Ujjwal Singh, S/o Late Mukhtaar Singh, Aged About 28 Years, R/o Near Arra Poultry Farm Khedamara, P.S. Jamul Tehsil & District- Durg Chhattisgarh.

2. Kamlesh Banjare, S/o Sushil Kumar Banjare, Aged About 29 Years, R/o Near Arra Poultry Farm Khedamara, P.S. Jamul Tehsil & District- Durg Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh Through Station House Officer, P.S.- Khurseepar, District- Durg, Chhattisgarh.

---- Respondent For Applicants : Mr. Gautam Khetrapal, Adv.

For Respondent/State : Mr. Vimlesh Vajpayee, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 18.05.2020

1. Heard on admission.

2. Admit.

3. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 136/2020 registered at Police Station- Khurseepar, District- Durg (C.G.) for the offence punishable under Sections 294, 506, 186, 353, 332/34 of I.P.C.

4. The prosecution story, in brief is that, on 23.02.2020 when complainant was discharging his duty as a constable at that time the applicants who were in vehicle Metador, stopped by the complainant for investigation and applicants did not cooperate him thereafter, a quarrel took place between them and as a result of which complainant sustained injuries. Thereafter,

offence has been registered against the present applicants.

5. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits the applicants are in jail since 23.02.2020, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

6. On the other hand, counsel for the State opposes the bail application.

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

8. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the applicants are in jail since 23.02.2020 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 applicants on bail. Accordingly, the application is allowed.

9. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court. Sd/- (Rajani Dubey) Judge Ruchi