Jasvinder v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.
3 794 of 2015 • Jasvinder, S/o Prem Singh Uppal, aged about 42 years, R/o Village Dhavaipani , Police Station -Chilfi, Tahsil Bodla, District Kabirdham, Civil & Revenue Distt. Kabirdham (C.G.) ---- Applicant
Versus
• State Of Chhattisgarh Through: District Magistrate, Kabirdham, District Kabirdham (C.G.) ----Respondent For Applicant:
Mr. A.L. Singroul, Advocate.
For Respondent/State:
Mr. Lov Sharma, Panel Lawyer.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 8 /2015 Heard.
(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 34/2015 registered at Police Station Chilfi, District Kabirdham for the offences punishable under Sections 186 and 353 of the Indian Penal Code.
(2) Case of the prosecution, in brief, is that on 7.7.2015 applicant used criminal force to deter the public servant from discharging his official duty and thereby committed the aforesaid
offences.
(3) Counsel for the applicant submits that applicant has falsely been implicated in the offence in question as he has not committed any offence. He further submits that applicant is in jail since 8.7.2015; and the charge sheet is yet to be filed but substantial investigation has already been made and, therefore, the applicant may be released on bail.
(4) On the other hand, counsel for the State opposes the bail application.
(5) Taking into consideration the facts & circumstances of the case, looking to the nature and gravity of the offence; and considering the facts that applicant is in jail since 8.7.2015 and the substantial investigation has already been made, this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail 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 till disposal of the trial. Certified copy, as per rules.
Sd/- (Sanjay K. Agrawal) Judge D/-