High Court Of ChhattisgarhMCRC/3741/2021allowed

Mukesh Gupta v. State Of Chhattisgarh,

2021-07-28Hon'Ble The Acting Chief Justice2 pages

MCRC No. 3741 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3741 of 2021 • Mukesh Gupta S/o Shri Arvind Gupta, Aged About 27 Years R/o Nehru Nagar, Near Kalibadi Ground, Police Station Kotwali, Tahsil And District Raipur Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through - Station House Officer, Police Station City Kotwali, District Raipur Chhattisgarh. ---- Respondent For Applicant :- Mr. C.R. Sahu, Advocate For Respondent-State :- Mr. Vikram Sharma, Dy.G.A.

Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 28/07/2021

1. The applicant has preferred this application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.313/2020 registered in Police Station City Kotwali District Raipur C.G. for the offence punishable under Section 294, 323, 506-B/34 of the I.P.C. and Sections 25, 27 of the Arms Act.

2. Applicant has filthily abused, criminally intimidated and caused simple hurt with the help of knife recovered from him to complainant/victim Shahbaj Khan.

MCRC No. 3741 of 2021

3. Learned counsel for the applicant submits that the victim has turned hostile and the applicant is presently released on temporary bail, therefore, he is entitled to be released on bail.

4. Learned State counsel would oppose the prayer for grant of bail on submission that there are 17 criminal cases registered against the applicant.

5. Be that as it may, the applicant is presently released on temporary bail pursuant to the direction of the High Power Committee in compliance with the order passed by the Hon'ble Supreme Court in Suo Motu Writ Petition (Civil) No.3 of 2020, therefore, considering that the offences are triable by JMFC and before his release on temporary bail, he was in jail since 22.11.2020, I am inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Certified copy as per rules.

SD/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi