Arjala Yogesh Rao v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3543 of 2020 • Arjala Yogesh Rao, S/o Lt. Joganna, aged about 45 years, R/o A.V.H., 5/A, Zone - 02, Sector - 11, Khursipar, Thana - Khursipar Tahsil, District Durg (C.G.).

---- Petitioner

Versus

• State Of Chhattisgarh Through : The Station House OfÏcer, Police Station Khursipar, Bhilai, District Durg, Chhattisgarh ---- Respondent For Applicant :

Shri T.K. Jha, Advocate For Respondent :

Shri Vimlesh Bajpai, G.A.

Hon'ble Smt Justice Rajani Dubey Order on Board 16/07/2020 Heard.

Admit.

1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.302/2020, registered at Police Station - Thana, Khursipar, District Durg (C.G.) for the offence punishable under Sections 354, 458, 294, 323, 506 IPC and Sections 25 & 27 of Arms Act.

2.

The prosecution story, in brief, is that the complainant had lent Rs.9,50,000/- to the applicant in the year 2016. The complainant had been demanding his money but the applicant keep on rotating today, tomorrow. On 25.05.2020 at about 10.30 PM, the applicant entered the house of complainant holding knife in his hand and threatened her hurling abuses that if she demands money, he will kill her son and spoil her image. During the tussle, complainant also sustained injuries on her wrist. Based on this, offence has been registered. The present applicant has been taken into

custody on 25.05.2020.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions, which may be imposed upon him by the Hon'ble Court. He also submits that the applicant is in custody since 25.05.2020 and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposed the bail application.

5.

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

6.

Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that the applicant is in custody since 25.05.2020 and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- 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, till the final disposal of the trial. Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde