Lav Patel v. State Of Chhattisgarh
M.Cr.C. No. 3403 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) M.Cr.C. No. 3403 of 2021 • Lav Patel S/o Shri Ramraj Patel, aged about 23 years, R/o Near Matachaura, Mangla, District Bilaspur (C.G.) ---- Applicant
Versus
• State of Chhattisgarh, through, Station House Officer, Police station - Civil Lines, District Bilaspur (C.G.) ---- State/Non-Applicant For Applicant :
Shri Wasim Miyan, Advocate For Non-Applicant/State :
Shri Anand Verma, Deputy Government Advocate For Objector/Complainant :
Shri Akhtar Hussain, Advocate Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 22.07.2021
1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 10.04.2021 in connection with Crime No. 421/2021 registered in Police Station- Civil Lines, Bilaspur, District Bilaspur (CG) for the offence punishable under Sections 294 & 307 of IPC and Sections 25 & 27 of Arms Act.
2. Allegation against the present applicant is that on 10.04.2021, the applicant has abused the filthy language to injured/complainant Santosh Patel and he has also caused injuries on the various parts of his by means of knife.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this crime, the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding, he is in jail since 10.04.2021 and due to Covid-19 pandemic, conclusion of the trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.
4. On the other hand, learned counsel for the State opposes the bail application and submits that the applicant has no criminal antecedents.
5. Injured/complainant Santosh Patel is present in person in the chamber of his
M.Cr.C. No. 3403 of 2021 counsel Shri Akhtar Hussain through video conferencing, he is identified by his counsel through aadhar card. Injured Santosh Patel stated that he has no objection to grant bail to the applicant by this Court.
6. I have heard learned counsel for the parties.
7. Having regard to the facts and circumstances of the case, the fact that injured Santosh Patel sustained injuries on different parts of his body which were simple in nature, the detention period of the applicant who is 23 years old, the fact that the applicant has no criminal antecedents, there is no apprehension of the applicant tampering with the evidence or absconding as admitted by both the counsel, and that due to Covid-19 pandemic, conclusion of the trial is likely to take some time, without expressing any opinion on merits of the case, the bail application is allowed.
8. It is directed that in the event of applicant executing a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail, on following conditions :- i.
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court. ii. he shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii. he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. iv. he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority. v. he shall not involve himself in any offence of similar nature in future.
9. Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar nature of offence.
Sd/- (Gautam Chourdiya) Judge vatti