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High Court Of ChhattisgarhMCRC/5278/2019allowed

Suraj Lal v. State Of Chhattisgarh

2019-11-08Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5278 of 2019 • Suraj Lal S/o Lalman Pando Aged About 30 Years R/o Village Anandpur, Police Station Odgi, District Surajpur, Chhattisgarh., ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Odgi, District Surajpur Chhattisgarh. ---- Respondent For applicant : Shri Anil Gulati, Advocate For Respondent/State : Shri B.L.Sahu, Advocate Hon'ble Smt. Justice Rajani Dubey Order On Board 08/11/2019 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.47/2019 registered at police station Odgi, District Surajpur (CG) for the offence punishable under Sections 436 and 506 IPC.

Case of the prosecution in brief is that the applicant set on fire the hut of the complainant, who had illegally constructed the same in the land of the applicant.

Counsel for the applicant submits that the applicant has been falsely implicated in the crime. He submits that the complainant has illegally constructed a hut on the land of the applicant and when he

denied to vacate the same, he committed the said offence. He submits that the applicant is in jail since 15.07.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore he may be released on bail. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna