Akash Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2944 of 2021

1. Akash Sahu Son of Shri Nand Lal Sahu Aged About 21 Years Resident Of Village Gogaon, Surya Nagar, Near Prakash Kirana Shop, P.S. Gudiyari, Raipur Chhattisgarh.

2. Rama Sahu @ Amit Son of Narayan Sahu Aged About 22 Years Resident Of Bada Ashok Nagar, Hanuman Para Chowk, P.S. Gudiyari, Raipur Chhattisgarh.

---- Applicants

Versus

• State of Chhattisgarh Through Station House OfÏcer, Police Station Gudiyari, District Raipur Chhattisgarh. ---- Respondent For Applicants :

Mr. P.K. Patel, Advocate.

For Respondent :

Ms. Sunita Jain, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 31.05.2021 Proceeding through video conferencing.

Heard.

Admit.

The applicants have filed this First Bail Application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 87/2021 registered at Police Station : Gudiyari, District Raipur (C.G.) for the offence punishable under Sections 294, 506, 323, 324, 427, 34 of the IPC and Section 25 & 27 of the Arms

Act.

According to the prosecution case, the allegation against the present applicants is that they have assaulted the complainant with the help of knife using filthy language. Based on that offence has been registered against the applicants.

Learned counsel appearing on behalf of the applicants would submit that the applicants are innocent and have been falsely implicated in the case. He would further submit that the applicants and complainant are of the same village and due to the previous enmity, the complainant has made false complaint against the applicant. The applicants are in custody since 06.04.2021 and they are ready to furnish adequate surety and shall abide by all the conditions and directions imposed upon them, therefore, they may be released on bail. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

I have heard learned Counsel for the parties. Considering the facts and circumstances of the case, nature and gravity of the offence, as the applicants are in jail since 06.04.2021 and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release them on bail.

Accordingly, the bail application is allowed.

It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- each, with one local surety for the like sum amount to the satisfaction of the trial Court for their appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Vacation Judge V/-