Mahaveer Chakradhari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5891 of 2020 • Mahaveer Chakradhari S/o Manaram Chakradhari, Aged About 40 Years R/o Village Bajadi Padepara, Post Office and Police Station Devbhog, District Gariyaband Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Devbhog, District Gariyaband Chhattisgarh.

---- Respondent ___________________________________________________________________ For Applicant :

Shri Shivendu Pandya, Advocate For State :

Shri Samir Oraon, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 05/11/2020

1. Heard on application for grant of bail.

2. The applicant has been arrested on 08.06.2020, on the allegation of having committed offence under Sections 294, 323, 506(B), 325, 307/34 of I.P.C. He moved this application for grant of bail in connection with Crime No.209/2019 registered at Police Station- Devbhog, District- Gariyaband (C.G.).

3. The prosecution story, in brief is that, complainant lodged a report alleging that on 23.12.2019 at about 6.00 PM, she was watching T.V. with her family members, in the meanwhile, the present applicant alongwith other co-accused entered into the house of the complainant and abused her family members in filthy language and also assaulted them with stick, as a result of which, her family members sustained multiple injuries, thereafter, offence has been registered against the present applicants.

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 the charge-sheet has been filed and the applicant is in jail since 08.06.2020, there is no likelihood of their 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 the submission is made in this respect. It is submitted that the allegation against the applicant is of serious in nature, 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 and further considering the facts that the chargesheet has been filed and the applicants are in jail since 08.01.2020 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 applicants on bail. Accordingly, the application is allowed.

8. Accordingly, the bail application is allowed. 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 local surety for the like amount to the satisfaction of the Trial Court on the condition that- a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) The applicant shall not in any manner, tamper with the prosecution witnesses.

Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Nadim