Jayram Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6688/2021 Jayram Patel S/o Roshan Lal Aged About 50 Years R/o Kashibahra, Police Station and Tahsil Pithora, District Mahasamund, CG ---- Applicant

Versus

State of Chhattisgarh Through Station House Officer, Police Station Pithora, District Mahasamund CG ---- Non-applicant For applicant Mr. Raghvendra Pradhan, Adv.

For non-applicant/State Ms. Anjali Singh Chauhan, Adv.

Hon'ble Shri Justice N.K. Chandravanshi Order on Board 24-111. As per applicant, this is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 162/2021 registered in police station Pithora, Distt. Mahasamund, (CG) for offence punishable under Section 294, 324, 327, 506 of IPC.

3. Brief facts of the case are that on 12-7-2021, applicant took complainant on motorcycle from his house to Mandir Chowk, Kasahibahra, demanded money from him for drinking liquor and when complainant refused, then the applicant assaulted upon him by knife, injured him and threatened to kill him. Based on above facts, crime was registered against the applicant.

4. Counsel for the applicant argued that the applicant has been falsely implicated in this case. He has not committed alleged crime. He next submitted that the applicant is in jail since 23-7-2021, charge sheet has been filed, the offence is triable by JMFC, hence he may be enlarged on bail.

5. On the other hand, the State Counsel opposed the bail application and submitted that earlier two more offences have been registered against the applicant, hence he is a habitual offender and bail may not be granted to him.

6. I have heard counsel for both the parties and perused the case diary and the material available on record.

7. Considering the facts and circumstances of the case, taking into consideration the nature and gravity of offence, also taking into consideration the detention period of the applicant, charge sheet has already been filed and the offence is triable by JMFC, I feel inclined to allow the bail application. Therefore, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned for his appearance before the concerned Court as and when directed by the said Court, he be released on bail.

8. CC as per rules.

Sd/- (N.K. Chandravanshi) Judge Pathak