High Court Of ChhattisgarhMCRC/4764/2019allowed

Akshay Kurrey v. State Of Chhattisgarh

2019-08-21Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4764 of 2019 • Akshay Kurrey S/o Chhanu Kurrey Aged About 26 Years R/o Mini Basti Jarhabhata Bilaspur, District Bilaspur Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Civil Lines, District Bilaspur, Chhattisgarh. ---- Respondent For Applicant : Mr. Amit Singh, Advocate.

For Respondent/State : Mr. Shubham Verma, P.L. Hon'ble Shri Justice Arvind Singh Chandel Order On Board 21/08/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 427/2019, registered at Police Station Civil Lines, District Bilaspur (C.G.) for the offence punishable under Section 25 of the Arms Act.

2. As per prosecution story, on 04.07.2019, on the basis of secret information received from informant, police officials reached the spot and sized one sword from the possession of the applicant and he has been arrested on the same day.

3. Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant is in custody since 04.07.2019, offence is triable by Judicial Magistrate First Class and trial is likely to take some time. Therefore, the applicant may

be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the applicant is in custody since 04.07.2019 trial is likely to take some time, without further commenting on merits 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 executing a personal bond for a sum of Rs. 25,000/- with one local solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham