Vinay Singh v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3217 of 2020 • Vinay Singh S/o Narendra Kumar, aged about 28 years, R/o Housing Board, Sunder Vihar Colony, LIG-2 Quarter No. 1375, Police Station Jamul, Tahsil and District Durg (CG) ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, P.S. Bhilai Bhatti, District Durg (CG) ---- Respondent -------------------------------------------------------------------------------------------- For Applicant :
Shri B.P. Singh, Advocate For Respondent/State :
Shri K.K. Singh, G.A.
-------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 19.6.2020 1.
The default pointed out by the Registry is overruled. 2.
Heard.
3.
Admit.
4.
This is the second bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.103/2019, registered at Police Station,Bhilai Bhatthi, District Durg(CG) for the offence punishable under Sections 307, 201, 147, 148 & 149 of the IPC.
5. As per the case of prosecution, the applicant along with other co-accused persons have inflicted grievous injuries to Rajvinder Singh, Jagdish and Shubham Sharma with the help of club and knife.
6.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that on a small issue, the incident has taken place. He further submits that co-accused person has been released on bail by this Court in MCRC No.6942/2019 and the applicant is in jail since 27.11.2019 and trial is likely to take some time for its final disposal, therefore, the applicant may be released on bail.
7.
On the other hand, learned counsel for the State opposes the bail application.
8.
Perused the entire material available on record. 9.
Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant; charge sheet has been filed and the co-accused has been released on bail and trial is likely to take some time for its final disposal, I am of the opinion that present is a fit case to release the applicant on bail.
10.
Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.
11.
It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.
12.
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 23.3.2020 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 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 he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks from today. 13.
Certified copy as per rules.
Sd/ (Rajani Dubey) JUDGE sunita