High Court Of ChhattisgarhMCRC/4732/2020allowed

Akku @ Akil v. State Of Chhattisgarh

2020-09-01Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4732 of 2020 • Akku @ Akil S/o. Moh. Rahim aged about 22 years, R/o. Radhika Nagar, Near Star marble, Supela, Bhilai, Tehsil and District Durg (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through- District Magistrate District Durg Chhattisgarh.

---- Respondent For Applicant.

Mr. Avinash Chand Sahu, Advocate.

For Respondent/State :

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

Hon'ble Smt. Justice Rajani Dubey Order on Board 01.09.2020

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. 1195/2019 registered at Police Station Supela, District Durg (C.G.) for the offence punishable under Sections 294, 506, 323, 327of the IPC.

2. As per the prosecution case, the allegation against the present applicant is that he assaulted the complainant with the blade. Based on that, after investigation, offence has been registered against the applicant and he has been arrested.

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

further submits that as per the medical report the injury is simple in nature. As the applicant is in jail since 04.12.2019 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 submission of the counsel, nature and gravity of the offence, facts and circumstances of the case, as applicant is in jail since 04.12.2019 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