Lakshman Kewat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4612 of 2020 • Lakshaman Kewat S/o Late Shri Dukalu Ram Kewat, aged about 29 years, R/o Bankimongra, Kudaripara, Tahsil- Katghora, District Korba Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through- District Magistrate, Korba, District Korba Chhattisgarh.

---- Respondent For Applicant.

:

Mr. Dharmesh Shrivastava, Advocate.

For Respondent/State :

Mr. H. S. Ahluwalia, Dy. A.G.

Hon'ble Smt. Justice Rajani Dubey Order on Board 28.08.2020

1. The applicant has filed this first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 80/2020 registered at Police Station Kusmunda, District Korba (C.G.) for the offence punishable under Sections 294, 506-B, 324, 326 of the IPC.

2. The allegation against the present applicant, as per the prosecution case is that he assaulted the complainant namely Rajesh Kumar with the help of screw driver due to which he sustained grievous injuries. Based on that, after investigation, offence has been registered against the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question because

he was not involved in any such incident. He next submits that all the offence is triable by Judicial Magistrate First Class, as the applicant is in jail since 15.03.2020 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

4. On the other hand, State counsel strongly opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, as applicant is in jail since 15.03.2020 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 applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu