Haricharan Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2539 of 2016 • Haricharan Singh S/O Shri Darshan Singh Aged About 34 Years R/O Maruti Homes, Mohba Bazar, P.S. Kabir Nagar, Civil & Rev. District Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Kabir Nagar, District Raipur, Chhattisgarh.

---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. J.K. Gupta, Advocate For Respondent/State :

Mrs. Sunita Jain, Govt. Advocate.

-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 27.06.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 04-04-2016 in connection with Crime No. 35 of 2016, registered at Police Station Kabir Nagar, District Raipur (CG) for the offence punishable under Sections 25 & 27 of the Arms Act.

2.

As per case of the prosecution, the applicant was having a knife and waving the same at a public place which was seen by the patrolling party and thereafter he was caught with knife. 3.

Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the case. He would further submit that charge-sheet has been filed in the case and the applicant is in jail since 4-4-2016, therefore, the present applicant may be enlarged on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

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

6.

Taking into consideration all the facts and circumstances of the case, degree of allegation leveled against the present applicant and the fact that the charge-sheet has been filed in the case and the applicant is in jail since 4-4-2016, I am inclined to grant bail to the applicant.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju