High Court Of ChhattisgarhMCRC/2892/2018allowed

Komal Banjare v. State Of Chhattisgarh

2018-05-28Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2892 of 2018 • Komal Banjare S/o Ganesh Banjare, Aged About 21 Years, R/o- VillageKhaira (Datan), Police Station- Kasdol, District (Revenue And Civil)- Balodabazar-Bhatapara (CG) ---- Applicant (In Jail)

Versus

• State Of Chhattisgarh Through- Police Station- Suhela, District (Revenue And Civil)- Balodabazar-Bhatapara (CG) ---- Respondent For Applicant :

Mr. Sumit Jhanwar, Advocate For Respondent :

Mr. Pradeep Rajgir, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 28/05/2018

1. This is the first application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested on 14.11.2017 in connection with Crime No.170/2017 registered at Police Station Suhela, District Balodabazar Bhatapara (CG) for the offence punishable under Sections 25 & 27 of the Arms Act.

2. As per the prosecution case, on receipt of secret information that the applicant along with his friend was searching for customer to sell the pistol, he was apprehended by the police and on search being made, he was found in illegal possession of one pistol.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the offence in question. The applicant is in custody since 14.11.2017, the charge sheet has already been filed and

the trial is likely to take time. Hence, he prayed that the applicant may be released on regular bail.

4. On the other hand, learned State Counsel opposes the prayer for grant of bail.

5. Taking into consideration the facts and circumstances of this case, the fact that the applicant is in custody since 14.11.2017 and conclusion of trial is likely to take time, but without commenting anything on the merits of case, I am inclined to release the applicant on regular bail.

6. Accordingly, it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety in the like sum to the satisfaction of the trial Court concerned. He is directed to appear before the trial Court concerned on each and every date given by the said Court.

7. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge roshan/-