Sachin Rajak v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6126 of 2021 • Sachin Rajak, S/o Late Shankar Rajak, Aged About 21 Years, R/o Ward No. 6, Barethpara, Khairagarh, District- Rajnandgaon, Chhattisgarh. ---- Applicant
Versus
• State of Chhattisgarh, Through- District- Magistrate, Rajnandgaon, District- Rajnandgaon, Chhattisgarh. ---- Non-Applicant For Applicant : Shri Abhishek Pandey, Advocate For Non-Applicant/State : Smt. Deepti Shukla, Panel Lawyer Hon'ble Shri Justice Gautam Chourdiya Order on Board 14.09.2021 Heard.
1) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 24.07.2021 in connection with Crime No.261/2021 registered at Police Station- Khairagarh, Rajnandgoan, DistrictRajnandgaon (C.G.) for the offence punishable under Sections 25, 27 of Arms Act.
2) Allegation against the applicant is that on 24.07.2021 he was brandishing a knife in a public place and threatening the public. Upon receipt of complaint, police party reached the spot alongwith two witnesses, the applicant was not having valid documents regarding the said knife and he was arrested by the police.
3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further
submits that the applicant is young offender, he has no criminal antecedents, there is no likelihood of his tampering with the prosecution evidence or absconding. The applicant is in jail since 24.07.2021, charge-sheet has already been filed and due to COVID-19 trial is likely to take some time for 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.
5) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the nature of allegation made against the present applicant, charge-sheet has already been filed, the detention period of the applicant, who is 21 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 counsel and due to COVID-19 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 the 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 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.
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 offence in future.
Sd/- (Gautam Chourdiya) Judge Nadim