Raju Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4503 of 2019 • Raju Singh S/o Shri Genrail Singh Aged About 46 Years C.H. 157, Veer Savarkar Nagar, Hirapur, Tatibandh, Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer Police Station Amanaka District- Raipur, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri Gurudev I. Sharan, Advocate.

For Respondent/State : Shri Anand Verma, Dy. G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 07/08/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 149/2019, registered at Police Station - Amanaka, Raipur, District - Raipur, Chhattisgarh, for the offence punishable under Sections 394, 186, 353, 332 of IPC.

2. As per the prosecution story, on 27.04.2019, on receiving information regarding a quarrel, Complainant Bhenu Prasad Lodhi, who is a constable, reached at spot where present Applicant and another coaccused namely Rahul were quarreling with each other on the issue of rent of vehicle. It is alleged that, when Complainant tried to interfere in the matter, then present Applicant and co-accused assaulted him with an iron rod and also looted one mobile phone amounting Rs. 11,000/- from him and thereafter fled away from the spot. On the basis of the said background, report was made and offence has been registered. Applicant has been taken into custody on 28.04.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the

Applicant is innocent and has been falsely implicated in the case. He further submits that Applicant has no previous criminal antecedents. He is in custody since 28.04.2019, charge-sheet has been filed and trial is likely to take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that Applicant has no previous criminal antecedents, he is in custody since 28.04.2019 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash