Narayan Punem v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5341 of 2020 • Narayan Punem S/o Kistaiya aged about 45 years, R/o Jailwada Bijapur, District-Bijapur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through - The Police Station-Bijapur, District-Bijapur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Praveen Kumar Tulsyan, Adv.

For Respondent/State :

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

Hon'ble Smt. Justice Rajani Dubey Order on Board 23/09/2020

1. The matter is heard through video conferencing.

2. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 63/2020 registered at Police Station Bijapur, District-Bijapur (C.G.) for the offence punishable under Sections 307, 506(B), 324 and 294 of the IPC.

3. The prosecution story in brief, is that a written complaint was lodged by the complainant that on 05.06.2020 at about 7:30 pm., when the complainant sat outside his house at that time the present applicant came there, said that he has made his house on applicant's land and in provocation used filthy language, assaulted with knife, due to this, complainant sustained grievous injuries. Based on this offence has been registered against the present applicant.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that as per the medical report there is no any serious injuries caused upon the victim. He also submits that the charge-sheet has been filed and the

applicant is in jail since 23.06.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application and submits that the applicant did a very serious offence; therefore, no case is made out for grant of bail.

6. I have heard learned counsel for the parties and perused the case diary.

7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering that the applicant is in jail since 23.06.2020, 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.

8. 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 trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu