Pappu @ Kamal Narayan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3221 of 2019 • Pappu @ Kamal Narayan son of Shyam Sahu, aged about 30 years, resident of Seeta Nagar, Gudhiyari, P.S. Gudhiyari, District Raipur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through : The Station House OfÏcer, Police Station Gudhiyari, District Raipur, Civil and Revenue District Raipur (C.G.) ---- Respondent For Applicant :

Shri C.R. Sahu, Advocate.

For Respondent :

Ms. Sunita Jain, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /05/2019 1.

The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.147/2019 registered at Police Station Gudhiyari, District Raipur (C.G.) for the offence punishable under Sections 25 and 27 of the Arms Act.

2.

Case of the prosecution, in brief, is that the applicant found in possession of knife unauthorizedly and thereby committed the offence.

3.

Learned counsel for the applicant submits that the applicant is innocent person and he has falsely been implicated in the crime in question. He further submits that the applicant is in custody since 10.04.2019, the charge yet to be filed and, therefore, the applicant may be released on bail.

4.

On the other hand, learned State counsel opposes the bail application.

5.

Taking into consideration the nature and gravity of the offence, facts & circumstances of the case, and further considering the fact that the applicant is in custody since 10.04.2019, 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.

6.

Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one 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/- (Sanjay K. Agrawal) Vacation Judge Vijay