Abhishek Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7224 of 2021 • Abhishek Singh S/o Shri Sunil Kumar Singh Aged About 26 Years R/o H. I. G.-29, Housing Board Colony, in front of Bharat Mata School, Street No. 06, Tatibandh Raipur, District Raipur Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through The Station House OfÏcer Police of Police Station Civil Lines, Raipur District Raipur Chhattisgarh.

---- Respondent For Applicant :

Mr. Rajat Agrawal, Advocate.

For Respondent :

Mr. Ravi Maheshwari, PL.

For Objector :

Mr. Prateek Sharma and Mr. Nishant Bhanushali, Adv.

Hon'ble Smt. Justice Rajani Dubey Order on Board 27.10.2021 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 405/2021 registered at Police Station -Civil Line Raipur, District Raipur (C.G.) for the offence punishable under Sections 294, 323, 506, 342, 357, 392 of the IPC. • As per the prosecution case, the applicant is an employee of Chhattisgarh State Women Commission, Raipur and the allegation against him is that he has assaulted the complainant without having any reason. Based on that, during investigation, applicant has been arrested. • Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated in the case. He further submitted that the applicant is in jail since 05.09.2021, and he is ready to furnish adequate surety and shall abide by all the directions and conditions imposed upon him by the Court, therefore, he may be released on bail. • Per contra, learned State counsel as well as counsel for the Objector opposes the bail application submitting that chargesheet has not been filed yet and there are two previous antecedents registered against the applicant, therefore, he may not be granted bail.

• I have heard counsel for the parties and perused the case diary.

• Considering the totality of the facts and circumstances of the case, nature of allegation, I am of the opinion that present is a fit case to release the applicant on bail.

• Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

• It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one local surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial. Sd/- (Rajani Dubey) Judge V/-