Sunil Kumar Gupta v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2895 of 2019 Sunil Kumar Gupta S/o Manharan Gupta, Aged about 40 years R/o Rahoda, Police Station Shivrinarayan, District Janjgir-Champa Chhattisgarh. ----Applicant

Versus

State of Chhattisgarh, Through: Station House Officer, Police Station Shivrinarayan, District Janjgir-Champa (C.G.) ---- Respondent For Applicant :

Mr. Sumit Singh, Advocate For Respondent :

Mr. V.K. Agrawal, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 14/05/2019 1.

The Applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 246/2018 registered at Police Station Shivrinarayan, District Janjgir-Champa (C.G.) for the offence punishable under Sections 147, 148, 149 & 307 of the IPC.

2.

As per prosecution story, on 27/09/2018 the Applicant along with other coaccused persons assaulted the Complainant Ramesh Gupta with club, rod and cricket bat, due to which he sustained injuries on his head. FIR has been lodged by the Complainant and on the basis of that offence has been registered. The Applicant has been arrested on 13/03/2019. 3.

Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated due to some dispute. There had been a fight occurred between both the parties and accused persons also

sustained injuries. He further submits that the Complainant sustained only two injuries which are simple in nature. Two other co-accused persons namely Saraswati Bai and Ritesh Tawar have already granted benefit of anticipatory bail vide order dated 27/11/2018 passed in MCRCA No. 1500/2018. He prays that the Applicant is in custody since 13/03/2019 and trial will take time, therefore, the Applicant may be released on bail. 4.

Counsel appearing on behalf of the State opposes the bail application. 5.

I have heard learned counsel for the parties. 6.

Considering the entire facts and circumstances of the case, particularly the fact that the Applicant is in custody since 13/03/2019, there is no criminal antecedent against the Applicant, other accused persons have already been granted benefit of anticipatory bail and trial will likely to take time, 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 executing a personal bond for a sum of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial Court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court. Sd/- (Arvind Singh Chandel) Judge Rahul