Amit Rajput v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9533 of 2020 • Amit Rajput s/o. Pawan Singh Rajput, aged about 20 years, r/o. Shanker Nagar, Durg, District Durg (CG)..
- Applicant.
Vs.
• State of Chhattisgarh through Police Station Bhilai Nagar, District Durg (CG).
--Respondent -------------------------------------------------------------------------------------------------------- For Applicant :
Mr. Kishore Narayan, Advocate.
For State :
Mr. Ajay Kumarani, Panel Lawyer Hon'ble Shri Justice Gautam Chourdiya Order on Board 5-2-2021
1. The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he is in jail since 18-11-2020 in connection with Crime No. 313 of 2020 registered at Police Station Bhilai Nabgar, District Durg (CG) for the offence punishable under Sections 294, 506, 324 of IPC and Sections 25 & 27 of the Arms Act.
2. Allegation against the present applicant is that on 20-8-2020 complainant Roshni Sahu along with her friend namely Pranjal had gone to Bhilai for purchsing mobile and subsequently shd found that Rs.1500/- was missing from her purse and she doubted that the applicant might have stolen her money and thereafter on this issue there was dispute between complainant and the applicant and the applicant threatened her and pointed
one button knife towards the complainant.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case, the offence is triable by the Magistrate, the applicant is first and young offender aged about 20 years, except present one, he has no other criminal antecedents, he is in jail since 18-11-2020 and conclusion of the trial is likely to take some time for its final disposal, therefore he may be released on bail.
4. On the other hand, learned counsel for the State opposes the bail application. However, he submits that the present applicant has no other criminal antecedents.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, nature of allegations levelled against the applicant, the detention period of the applicant, the fact that the offence is triable by the Magistrate, charge sheet has been filed, there is no likelihood of the applicant tampering with the evidence of absconding and the applicant has no other criminal antecedents as admitted by both the parties and that conclusion of trial may take some time, without commenting anything on merits of the case, I am of the opinion that it is a fit case to grant bail to the applicant.
7. Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his executing a personal
bond for a sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial court, till disposal of the trial. The applicant is being granted bail on the following conditions:
i.
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, ii.
he shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii.
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. iv.
he shall not involve himself in any offence of similar nature in future Sd/- (Gautam Chourdiya) Judge Raju