Lavkush v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.7424 of 2020 • Lavkush S/o Rakesh Tiwari, Aged About 27 Years Resident - Yadunandan Nagar Maharana Pratap Nagar, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through - Station House Officer, City Kotwali, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent For Applicants :

Shri Amit Kumar Chaki, Advocate For Respondent/State :

Shri Lalit Jangde, GA Single Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/12/2020 Heard.

1.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.176/2020 registered at Police Station City Kotwali, Bilaspur for the offence punishable under Section 25 of the Arms Act for possessing country made pistol without licence or any authority. The applicant was arrested on 30-07-2020. 2.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. He also submits that co-accused have been granted bail by this Court vide order 29-09-2020 in MCRC No.5468 of 2020. He further submits that the applicant was in jail since 30-07-2020 and trial is likely to take some time for final disposal, therefore, he may be granted bail.

3.

On the other hand, learned counsel for the State/non-applicant opposes the bail application.

4.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant, detention period of the applicant and further considering that trial is likely to take some time for its final disposal, without further commenting on merits, I am of the opinion that present is a fit

case, in which, the applicant should be enlarged on regular bail. 5.

Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.50,000/- along with one local surety of the like amount to the satisfaction of the trial Court on the condition that he shall appear before the trial Court regularly on each and every date of hearing, unless exempted.

Certified copy as per rules.

SD/- (Manindra Mohan Shrivastava) Judge Tumane