Siddharth Sharma @ Chhotu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8706 of 2020 • Siddharth Sharma @ Chhotu, son of Rakesh Sharma, aged about 25 years, resident of Main Post Office, Rajendra Nagar Bilaspur, Police Station Civil Line, Tehsil and District Bilaspur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through- Police Station Civil- Line, District Bilaspur, Chhattisgarh.

---- Respondent For Applicant : Mr. Ashish Shukla, Advocate For Respondent/State : Ms. Anjali Singh Chauhan, P. L. Hon'ble Smt. Justice Rajani Dubey Order on Board 01/04/2021

1) Heard

2) 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. 647/2020 registered at Police Station- Civil Line, District Bilaspur (C.G.) for the offence punishable under Sections 294, 307, 506 & 34 of the IPC and Sections 25 & 27 of the Arms Act.

3) Allegation against the present applicant is that on 14.09.2020, in front of Pushpa Vatika garden, near Natraj Hotel, Korba some quarrel took place between the present applicant and the complaint. Due to which the present applicant alongwith another co-accused namely Animesh Bakre assaulted the complainant with knife. Therefore, the offence has been registered against the present applicant and other co-accused

persons.

4) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that other similarly situated co-accused has been granted bail by this Court vide order dated 23.03.2021 passed in MCRC No. 8548 of 2020. The applicant is in jail since 25.09.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

5) On the other hand, learned counsel for the respondent/State opposes the bail application.

6) Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the fact that similarly situated co-accused has been granted bail by this Court vide order dated 23.03.2021 passed in MCRC No. 8548 of 2020. The applicant is in jail since 25.09.2020 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 him executing a personal bond in the sum of Rs.25,000/-, with one 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.

Certified copy as per rules Sd/- (Rajani Dubey) Judge amita