High Court Of ChhattisgarhMCRC/6466/2019allowed

Umesh @ Banti Bundel v. State Of Chhattisgarh

2019-11-28Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6466 of 2019 • Umesh @ Banti Bundel S/o Late Fagu Bundel Aged About 20 Years R/o Chhattisgarh Nagar, Police Station Tikrapara, Raipur, Tahsil Raipur, District Raipur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Tikrapara, Raipur District Raipur Chhattisgarh.

---- Respondent For Applicant : Shri Pushpendra Kumar Patel, Advocate For Respondent/State : Shri Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 28/11/2019 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.523/2019 registered at police station Tikrapara, District Raipur (CG) for the offence punishable under Sections 327 and 324 IPC.

As per prosecution case, report was lodged by the complainant alleging that the applicant who was intoxicated, has demanded money from him for purchasing liquor and when he refused, applicant took out a knife from his pocket and assaulted the complainant. 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 05.09.19; 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