Amit Haldhar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4738 of 2020 • Amit Haldhar S/o Arun Haldhar aged about 27 years, R/o. R.E.S. Colony Hall Opposite Primary School Chattapara Bijapur, District Bijapur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through- Police Station Bijapur, District Bijapur Chhattisgarh.

---- Respondent For Applicant.

:

Mr. P.K. Tulsyan, 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. 37/2020 registered at Police Station Bijapur, District Bijapur (C.G.) for the offence punishable under Sections 307 & 506 of the IPC.

2. The prosecution story in short is that the complainant has lodged the FIR against the unknown person regarding the attempt of murder and, later on, on the basis of memorandum of the applicant, 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 there is no eye witness of the incident in the present case, only on the basis of memorandum he has been made accused. He further submits that as per the medical report there is no serious injury caused upon the victim. As the applicant is in jail since 07.03.2020 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 submission of the counsel, nature and gravity of the offence, facts and circumstances of the case, as applicant is in jail since 07.03.2020 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