Vipin Patel v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4763 of 2019 Vipin Patel S/o Late Parmeshwar Patel, aged about 22 years R/o Patel Mohalla, Torwa Basti, Police Station Torwa, District Bilaspur (C.G.). --- Applicant

Versus

State of Chhattisgarh Through Station House Officer, Police Station Torwa, Bilaspur, District Bilaspur (C.G.) ---- Respondent For Applicant :

Mr. Amit Kumar, Advocate For Respondent :

Mr. Shubham Verma, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 24/09/2019 1.

The Applicant has preferred this First Bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 93/2019 registered at Police Station Torwa, Bilaspur (C.G.) for the offence punishable under Section 307 of the IPC. 2.

As per prosecution story, on 20/03/2019 at about 11:00 pm, due to some previous dispute, the Applicant assaulted Complainant Rahul by a knife due to that the Complainant sustained injuries on his stomach. The matter was reported by brother of the Complainant namely Dinesh. On the basis of report, offence has been registered and the Applicant has been arrested on 21/03/2019.

3.

Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated. He further submits

on the basis of material collected by the prosecution, prima-facie offence under Section 307 of the IPC cannot be made out. The Applicant has no criminal antecedent, charge-sheet has been filed, the Applicant is in custody since 21/03/2019 and trial will take time, therefore, the Applicant may be released on bail.

4.

Counsel appearing on behalf of the State also opposes the bail application.

5.

I have heard counsel for both the parties.

6.

Considering the entire facts and circumstances of the case, particularly considering that the Applicant is in custody since 21/03/2019, chargesheet has been filed and trial will likely to take time, without further commenting on merit of the case, I am inclined to release the Applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on his furnishing a personal bond of Rs. 20,000/- with one surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court, as and when directed.

Sd/- (Arvind Singh Chandel) Judge rahul