Vinay @ Vikky v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4878 of 2019 Vinay @ Vikky, S/o Late Roshan Valde, Aged About 19 Years, R/o Suryanagar, Gogaon, Police Station Gudiyari, District : Raipur, Chhattisgarh ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Telibandha, District : Raipur, Chhattisgarh ---- Respondent For Applicant.

:

Shri C. R. Sahu, Advocate.

For Respondent.

:

Smt. Reena Singh, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board /08/2019 1.

The applicant has filed this First bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody since 30.09.2018 in connection with Crime No.485/2018 registered at Police Station : Telibandha, District Raipur (C.G.) for the offence punishable under Section 120(b), 302/34 and 201 of the IPC. 2.

As per the prosecution case, on 27.09.2018 the police has received the information by the informant that some unknown persons has committed the murder of the deceased at VIP road in front of the Gaurav Garden, Madian, District - Raipur, and on that information police has registered the case against the unknown persons. On the basis of memorandum

statement, the police has arrested the present applicant. 3.

Learned counsel for the applicant submits that the applicant has falsely implicated in the present case. There is no recovery on the basis of memorandum statement of the applicant and all seizure witnesses have turned hostile. Lastly, it is submitted that the applicant is in custody since 30.09.2018, and trial will likely to take some more time, therefore, he may be released on bail.

4.

On the other hand, State counsel opposes the bail application.

5.

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

6.

Considering the totality of the facts and circumstances of the case and the fact that the applicant is in custody since 30.09.2018 and trial will take some more time, this Court is of the opinion that it is a fit case to release the applicant on bail.

7.

Accordingly, the application is allowed.

8.

It is directed that the accused/applicant shall be released on bail on his furnishing a personal bond of Rs.50,000/- with one local surety for the like sum to the satisfaction of the concerned Court for his appearance before it as and when directed.

Sd/- (Rajani Dubey) Judge yasmin