Lakky @ Lakky Singh Rajput v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5787 of 2019 • Lakky @ Lakky Singh Rajput S/o Late Pritam Singh Aged About 26 Years R/o Kukaripara, Subhash Nagar, Police Station Purani Basti Raipur, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Throughstation House Officer, Police Station Purani Basti, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri K.K. Dixit, Advocate For Respondent/State : Shri B.L. Sahu, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 07.11.2019 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.256/2019, registered at Police Station Purani Basti, Ripur, District Raipur (CG) for the offence punishable under Sections 294, 506, 307/34 of the IPC and Sections 25, 27 of the Arms Act.

3.

As per the case of prosecution, complainant Shubham Yadav lodged a report that on 16.7.2019 in the night at about 10.10 pm while he was returning to his house, near Maharaj Band Taklab Road Tedgi Mandir, he saw the boy Sagar Mishra of his colony with whom the applicant and some other persons were quarreling and on his intervention, they assaulted him with knife.

4.

Learned counsel for the applicant submits that the applicant has not committed any offence and due to previous enmity, he has been falsely implicated in the case. He submits that the co-accused persons have already been released on bail by the Sessions Court. He submits that the applicant is in jail since 19.7.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application.

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, particularly considering the nature of allegations against the applicant and the co-accused persons have already been released on bail, I am of the opinion that present is a fit case to release the applicant on bail. 8.

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

9.

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 surety of the like amount 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.

10.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita