Anuj Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3093 of 2020 • Anuj Pandey S/o Sachidanand Pandey, aged about 22 years, R/o Camp 1 Near hanuman Temple P.S Chawni Tehsil and District-Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Bhilai Bhatti District- Durg, Chhattisgarh.

---- Respondent For Applicant : Mr. B. P. Singh, Adv.

For Respondent/State : Mr. Raghvendra Verma, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 16/06/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 36/2020 registered at Police Station Bhilai Bhatti, DistrictDurg (C.G.) for the offence punishable under Section 307 of the IPC.

2. The prosecution story in brief is that, on 25.02.2020 the applicant has taken the complainant's son namely Abhiraj Alias Chulbul Pandey aged about 9 years for the purpose of eating Gupchup at Section 4 and pressed his neck over there with the intention to kill him. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that as per the MLC report of the victim a simple injury is there and as per the query report the doctor has opined injury is simple in nature and there is no internal injury is found and there is no grievous injury. He next submits that the applicant is a mental patient and he needed regular treatment and the applicant is in jail since

28.02.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the allegation against the applicant is of serious in nature; therefore, no case is made out for grant of bail.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering that the applicant is a mental patient and as per MLC report there is a simple injury and the applicant is in jail since 28.02.2020, 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 applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

8. It is made clear that if the applicant has already been released on bail pursuant to the bail bond 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), he need not furnish bail bond afresh and the bail bond already furnished shall be deemed to be the bail bond furnished in compliance of the order of this Court, but if he has not furnished the bail bond earlier, then he will be required to furnish bail bond within four weeks from today. Sd/- (Rajani Dubey) Judge H.L. Sahu