Arjun Jaiswal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7308 of 2021 • Arjun Jaiswal S/o Balmukund Jaiswal Aged About 36 Years R/o Village Palsapali, Police Station Saraipali, District Mahasamund Chhattisgarh, Present Add. House No. 47, Sector 2, Vidya Nagar, Amlidhi, Raipur, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh, Through : Station House OfÏcer, Police Station Khamhardih, District Raipur, Chhattisgarh. ---- Respondent For Applicant :

Ms. Indira Tripathi, Adv.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 29/10/2021

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. 100/2021 registered at Police Station-Khamhardih, District - Raipur (C.G.) for the offence punishable under Sections 294, 323, 506, 307, 34 of the IPC.

2. It is alleged that the present applicant assaulted to victim Hemant with iron rod, due to which victim sustained grievous injuries on his head and nose. Based on this, offence has been registered against the present applicant.

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 the applicant and the complainant was worked in the same place, due to welding cutter a quarrel was occurred and even a counter report was lodged against the complainant in Crime No. 101/2021. He

next submits that the applicant is in jail since 11.06.2021, 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 case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant that he is in jail since 11.06.2021, 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