Shubham Sagar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5077 of 2020 • Shubham Sagar, aged about 19 years, S/o Vishnu Sagar, R/o Ambedkar Awas, D.D. Nagar Raipur, District Raipur (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station D.D. Nagar, District Raipur (C.G.).

---- Respondent For Applicant :

Shri Suresh Kumar Verma, Adv.

For Respondent :

Ms. Sunita Jain, G.A.

Hon'ble Smt Justice Rajani Dubey Order on Board 17/09/2020 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.196/2020, registered at Police Station - D.D. Nagar, District Raipur (C.G.) for the offence punishable under Sections 394 IPC and Sections 25 & 27 of Arms Act. 2.

The allegation against the present applicant is that he along with other co-accused entered into the dispute with the complainant when he was sitting in his friend's betel shop and caused injury to him with knife on his thigh and other coaccused snatched his mobile phone. Based on this, offence has been registered against him and he has been taken into custody on 25.06.2020.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He also submits that the applicant is ready to furnish adequate security and shall abide by all the directions and conditions which may be imposed by this Hon'ble Court. He also submits that the applicant is in custody since 25.06.2020, charge

sheet has been filed and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposed the bail application.

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that the applicant is in custody since 25.06.2020, charge sheet has been filed and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed, till final disposal of the trial. Certified copy as per rules.

Sd/- (Rajani Dubey) Judge Pekde