Ramkumar Goyan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4306 of 2020 • Ram Kumar Goyan, S/o. Kundan Lal, Aged about 30 years, R/o. Amgaon, Police Station Charcha, District Koriya CG ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station Charcha district Koriya CG ---- Respondent For Applicant : Shri Anil Gulati, Advocate For Respondent /State : Shri H.S.Ahluwalia, Dy.AG Hon'ble Smt. Justice Rajani Dubey Order On Board 18/08/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 53/2020 registered at police station Charcha District Koriya (CG) for the offence punishable under Sections 294,323,506 and 307 IPC.

As per prosecution case, report was lodged by the complainant alleging that the applicant assaulted him with axe as a result of which he sustained grievous injuries.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that there was some family dispute between them and therefore he has been implicated in the crime in question. He submits that the applicant is in jail since

18.05.2020 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore he may be released on bail.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna