Dipesh Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7325 of 2020 • Dipesh Sahu, S/o late Sunil Sahu, aged about 25 years, R/o. Santra Badi, P.S. & Tehsil Durg, District- Durg (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through: the District Magistrate, Rajnandgaon District- Rajnandgaon (C.G.).

---- Respondent For Applicant : Shri S. S. Baghel, Advocate For Respondent/State : Shri Vimlesh Vajpai, G. A. Hon'ble Justice Shri Gautam Chourdiya Order on Board 07/01/2021

1) Heard

2) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 27.09.2020 in connection with Crime No. 346/2020 registered at Police Station- Khairagarh, District- Rajnandgaon (C.G.) for the offence punishable under Sections 25 & 27 of the Arms Act.

3) The case of the prosecution in brief is that on 27.09.2020 on the basis of secret information police officials of P.S.- Khairagarh arrested the present applicant on the allegation that the applicant was threatening people with knife at the Itwari Bazar area of Khairagarh.

4) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He also submits that the applicant is sole earning member of the family, the charge sheet has been filed and the applicant is in jail

since 27.09.2020. It is also submitted that trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.

5) On the other hand, learned counsel for the respondent/State opposes the bail application.

6) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the nature of allegation against the applicant, charge-sheet has been filed, the fact that the present applicant is in jail since 27.09.2020 and trial is likely to take some time for its final disposal, without commenting merits of the case, the application is allowed. It is directed that in the event of the 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.

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