Amrit Lal Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4801 of 2020 ●Amrit Lal Patel, S/o Sitaram Patel, Aged about 36 years, R/o Village Timarlaga, PS and Tahsil Sarangarh, District Raigarh (C.G.) ---- Applicant

Versus

●State of Chhattisgarh, Through - Station House Officer, PSSarangarh, District Raigarh (C.G.) ---- Respondent For Applicant : Mr. Ganesh Ram Burman, Advocate.

For Respondent/State : Mr. Rahul Jha, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17/09/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 324/2020 registered at Police Station- Sarangarh, District Raigarh (C.G.) for the offence punishable under Sections 341, 294 and 387 of the Indian Penal Code, 1860.

2. The prosecution story in brief is that, the complainant lodged the written report stating that on 29.05.2020 at the mines barrier, Timarlaga, the applicant with other co-accused person had illegally restrained the vehicle and demanded the money and when he had reached on that place, the same persons also demanded the money from and treated to kill and also abused.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits the present applicant has neither committed nor participated in any such act and he also submits that the evidence collected by the prosecution are also not prima facie sufficient to hold the applicant guilty of these offences. He

next submits that the applicant is in jail since 04.06.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the allegation against the applicant is of serious in nature; therefore, no case is made out for grant of bail.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering that the applicant is in jail since 04.06.2020, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the present applicant on bail. Accordingly, the bail application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Vasant