Ashish Ogre v. State Of Chhattisgarh
M.Cr.C. No. 5516 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5516 of 2021 • Ashish Ogre S/o Punit Ogre age 24 years, R/o Village- Banrasi, Mana Camp, Raipur (C.G.) ---- Applicant
Versus
• State of Chhattisgarh Through: P.S.- Mana Camp, District Raipur (C.G.) ---- State/Non-Applicant For Applicant :
Shri Akash Kundu, Advocate For Non-Applicant/State :
Ms. Deepti Shukla, Panel Lawyer Hon'ble Shri Justice Gautam Chourdiya, J Order on Board 15.09.2021
1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 15.07.2021 in connection with Crime No. 115/2021 registered in Police Station- Mana Camp, Raipur (C.G.), for the offence punishable under Sections 436, 294 & 506 of IPC.
2. Allegation against the present applicant is that on 13.07.2021 when complainant was in his house, the applicant asked the complainant to open the door, but the complainant did not open the door, then applicant set the door of the complainant on fire by pouring kerosene.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding, he is in jail since 15.07.2021, chargesheet has already been filed and due to Covid-19 pandemic, trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.
4. On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that the applicant has no criminal antecedents.
M.Cr.C. No. 5516 of 2021
5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the previous dispute between the applicant family and the complainant family due to love marriage, the detention period of the applicant who is 24 years old, the fact that the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels, charge-sheet has already been filed and due to Covid-19 pandemic, conclusion of trial may take some time, without commenting anything on merits of the case, the application is allowed.
6. It is directed that in the event of applicant executing a personal bond for a sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail, on following conditions :- i.
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such fact to the Court. ii. he shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii. he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. iv. he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority. v.
he shall not involve himself in any offence of similar nature in future.
7. Let a copy of this order be forwarded to the concerned Police Station forthwith who shall inform the trial Court in the event of applicant involving himself in similar nature of offence.
Sd/- (Gautam Chourdiya) Judge vatti