High Court Of ChhattisgarhMCRC/6180/2019allowed

Sanjay @ Bholu Pankaj v. The State Of Chhattisgarh

2019-11-21Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6180 of 2019 • Sanjay @ Bholu Pankaj S/o Bhushan Pankaj Aged About 26 Years R/o Village Kurda, Thana And Tahsil Malkharoda, District Janjgir Champa Chhattisgarh.

---- Applicant

Versus

• The State Of Chhattisgarh Through District Magistrate Janjgir District Janjgir Champa Chhattisgarh.

---- Respondent For Applicant : Shri Shalwik Tiwari, Advocate For Respondent/State : Shri Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 21/11/2019 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.178/2019 registered at police station Malkharoda, District Janjgir-Champa (CG) for the offence punishable under Sections 294,506,427 and 326 IPC.

As per prosecution case, there was some dispute over money transaction between the complainant and the applicant and the applicant assaulted with a sharp edged weapon as a result of which the left index finger of the complainant was cut out. Counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He submits that the

applicant is in jail since 29.07.19; the charge sheet has been filed; the offence is triable by Magistrate First Class and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion and 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