Chandradeep Verma @ Chiku v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7082 of 2021 • Chandradeep Verma @ Chiku S/o Mithilesh Verma Aged About 26 Years R/o Babagudi Chowk, Purani Basti, Kurud, P. S. Jamul, District Durg, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh, Through : P.S. Jamul, District- Durg, Chhattisgarh.

---- Respondent For Applicant :

Mr. P. R. Patankar, Adv.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 25/10/2021

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 94/2021 registered at Police Station-Jamul, District - Durg (C.G.) for the offence punishable under Sections 294, 506, 323 and 307, 34 of the IPC.

2. The prosecution story, in brief is that, complainant Bela Bai Markandey lodged a report to the effect that the present applicant along with three other co-accused persons was consuming alcohol by keeping the disposal glasses on seat of Motorcycle and when they were stopped by Ghanshyam Markandey the present applicant and other co-accused persons started abusing and assaulted with hands, fist and walking stick, thereafter injured Ghanshyam was taken to the Government Hospital, Supela for treatment. Based on this, offence has been registered against the present applicant

and other co-accused persons.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that charge-sheet has been filed and the other co-accused persons have already been granted bail by the trial Court. The applicant is in jail since 26.05.2021, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the applicant committed a serious offence; therefore, he may not be released on bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicant and further considering the facts that the other co-accused persons have already been granted bail by the trial Court and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the 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 local 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. Sd/- (Rajani Dubey) Judge H.L. Sahu