Rahul Gendle v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7189 of 2021 • Rahul Gendle, S/o Radhelal Gendle, Aged About 18 Years, R/o Village - Thakurdeva, Police Station - Masturi, Chounki Malhar, District - Bilaspur (Chhattisgarh).

---- Applicant

Versus

• State of Chhattisgarh Through - Station House Officer, Police Station - Masturi, Chounki Malhar, District Bilaspur (Chhattisgarh).

---- Respondent For Applicant :

Mr. Tarun Dansena, Adv.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 27.10.2021

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. 63/2021 registered at Police Station- Masturi, Chounki Malhar, DistrictBilaspur (C.G.) for the offence punishable under Section 307 of IPC.

2. The prosecution story, in brief is that, complainant lodged a report alleging that on 22.01.2021 at about 11.00 A.M., applicant tried to kill the complainant by pouring petrol upon him due to which, he sustained grievous injuries on his body. Thereafter, he admitted to hospital. Thereafter, offence has been registered against the applicant and he has been taken into custody.

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 there is delay of 12 days in

lodging the FIR from the date of incident. On the date of incident i.e. 22.01.2021, statement of complainant was recorded by ASI, Police Station- Tarbahar in which he did not state anything adverse against the applicant. He next added that there is no antecedent against the applicant and charge-sheet has been filed. He further submits that the applicant is in jail since 17.08.2021, 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.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that applicant is in jail since 17.08.2021 and charge-sheet has already been filed, 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 R/-