Harshad Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3591 of 2019 • Harshad Sahu S/o Shri Shivshankar Sahu Aged About 19 Years R/o Gandhi Nagar, Murra, Bhatthi, Police Station Gudhiyari, Raipur, Tahsil And District Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Gudhiyari, Raipur, District Raipur Chhattisgarh ---- Non Applicant For the Applicant :

Ms. Smita Jha, Advocate For Non Applicant :

Shri K.K. Dewangan, Deputy Govt. Advocate Hon'ble Mrs. Justice Rajani Dubey Order On Board 27.

05.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.109/2019 registered at Police Station- Gudhiyari, District- Raipur (C.G.) for the offence punishable under Sections 25, 27 Arms Act & Section 294, 323, 326, 506 of IPC.

3.

Case of the prosecution, in brief is that on 24.03.2019, the accused abused and assualted the complainant.

4.

Learned counsel for the applicant submits that 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 25.03.2019, therefore, the applicant may be released on bail.

5.

On the other hand, learned State counsel opposes the bail application. 6.

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 25.03.2019 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.

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 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.

8.

Certified copy, as per rules.

Sd/- (Smt. Rajani Dubey) Vacation Judge Parul