Navneet Singh @ Tiger v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2870 of 2020 • Navneet Singh @ Tiger S/o Shri Kalwinder Singh Aged About 25 Years R/o Street No.27, Quarter No.6-A, Sector No.4 Bhilai, Tahsil & District Durg, Chhattisgarh.

---- Applicant

Versus

• The State of Chhattisgarh Through The Station House Officer Police Station Bhilai Bhatti, District Durg, Chhattisgarh. ---- Respondent For Applicant :

Mr. Sunil Sahu, Advocate.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 03.06.2020  Heard on admission.

 Admit.

 The accused/applicant has moved his frst bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 09/2020 registered at Police Station - Bhilai Bhatti, District- Durg (C.G.) for the ofence punishable under Sections of IPC and Sections 294, 506, 323, 387/34 of IPC and since then he is in jail during this pandemic.

 According to the prosecution story, the complainant lodge the report at Police Station- Bhilai Bhatti against the applicant and co-accused with the averment that they demanded amount for purchasing the liquor but the complainant denied to give the amount, so, the applicant abused and threatened him. Based on that ofence has been registered against the applicant and he has been arrested.

 Learned counsel for the applicant submits that the applicant is innocent and he was not involved in the alleged ofence but due to some doubt police has arrested the applicant in the

alleged commission of ofence. He next submitted that the applicant is in jail since 17.03.2020, therefore he may be granted bail.

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

 I have heard learned Counsel for the parties.  Taking into consideration the nature and gravity of the ofence, facts and circumstances of the case, detention period of the applicant, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

 Accordingly, the bail application is allowed.  It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 50,000/-, with one local surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

 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), they 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 they have not furnished the bail bonds earlier, then they will be required to furnish bail bonds within four weeks from today.

Sd/- (Rajani Dubey) Judge Vasant