High Court Of ChhattisgarhMCRC/8574/2018allowed

Heeralal v. State Of Chhattisgarh

2018-11-28Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8574 of 2018 • Heeralal S/o Ganesh Ram Sidar Aged About 48 Years OccupationAgriculture, R/o Village- Jawali, P.S. And Tahsil- Dabhara, DistrictJanjgir-Champa, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Sho P.S. Dabhara Janjgir-Champa, District- Janjgir-Champa, Chhattisgarh.

---- Respondent For Applicant : Shri Akhtar Hussain, Advocate.

For Respondent/State : Smt. Smita Ghai, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 28/11/2018

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime no. 399/2018, registered at Police Station Dabhara, District Janjgir-Champa (C.G.) for the offence punishable under Section 25 of the Arms Act.

2. As per prosecution story, on 26.09.2018, allegedly present applicant threatening the villagers by showing knife, later on the said knife was seized by the police from his possession and he has been arrested on 26.09.2018.

3. Learned counsel appearing on behalf of the Applicant submits that applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has no criminal antecedent, he is in custody since 26.09.2018, charge-sheet has already filed and trial will take some time, therefore, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of State opposes the bail application.

5. I have heard learned Counsel for both the parties.

6. Considering the facts and circumstances of the case and evidence collected by the prosecution, further considering the fact that the applicant has no criminal antecedent, he is in custody since 26.09.2018, charge-sheet has already filed and trial will likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one local solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham