Vidyadhar Chakravarti v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6084 of 2020 • Vidyadhar Chakravarti, S/o Late Lovan Chakravarti, aged about 52 Years, R/o Village - Pogdega, Tah. & Police Station - Lailunga, District - Raigarh, Civil & Revenue District Raigarh (C.G.).

----Applicant

Versus

• State of Chhattisgarh, through Police Station- Lailunga, District - Raigarh (C.G.).

---- Respondent For Applicant Shri Manoj Kumar Sinha, Advocate.

For State Shri Dinesh Tiwari, Deputy G.A.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 01/12/2020

1. The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 16.07.2020 in connection with Crime No.126/2020 registered at Police StationLailunga, District - Raigarh, C.G. for the offence punishable under Sections 294, 323, 506 & 326 of Indian Penal Code.

2. Case of the prosecution, in brief, is that on 18.06.2020 at about 2.00 PM, present applicant abused the father of the complainant in filthy language and also assaulted him with stick. As a result of which, the father of the complainant sustained grievous injuries on his body. On report being

lodged to the above effect, offence under the aforesaid sections have been registered against the applicant.

3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this case. He also submits that the applicant is in jail since 16.07.2020 and conclusion of the trial is likely to take some time. Therefore, the applicant be released on bail by imposing suitable conditions.

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

5. Heard learned counsel for the parties.

6. Considering the facts and circumstances of the case, the detention period of the applicants and that the trial is likely to take some time for conclusion, without commenting anything on merits of the case, this Court is of the opinion that present is a fit case for grant of bail to the applicant. Accordingly, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the concerned trial Court, he shall be released on bail on the 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 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 not involve himself in any offence of similar nature in future.

Sd/- Gautam Chourdiya Judge Ruchi