High Court Of ChhattisgarhMCRC/2288/2019allowed

Saurabh v. State Of Chhattisgarh

2019-04-25Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2288 of 2019 • Saurabh S/o Ramesh Yadav Aged About 18 Years R/o Ward No.1, Chhuikhadan, Tahsil Chhuikhadan, District Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Chhuikhadan, District Rajnandgaon, Chhattisgarh. ---- Respondent __________________________________________________________________ For Applicant : Shri Abhishek Sharma, Advocate.

For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 25/04/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 91/2019, registered at Police Station - Chhuikhadan, District - Rajnandgaon, (C.G.) for the offence punishable under Sections 25, 27 of Arms Act.

2. As per the prosecution story, 23.03.2019 police personnel received an information that present Applicant was threatening the common public by using knife and on the basis of the said information, police reached to the spot and arrested the Applicant. At that time, Applicant was lashed with one knife which was seized from his possession. He has been taken into custody on 23.03.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further states that Applicant is in custody since 23.03.2019 and trial is likely to take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes

the bail application.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant is in custody since 23.03.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash