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High Court Of ChhattisgarhMCRC/6738/2019allowed

Lekhu @ Lekhram Bais v. State Of Chhattisgarh

2019-11-15Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6738 of 2019 • Lekhu @ Lekhram Bais S/o Late Dukalu Bais Aged About 32 Years R/o Mana Basti, Gandhi Chowk, Police Station Mana Camp, Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Mana Camp, Raipur, Chhattisgarh.

---- Respondent For Applicant : Smt. Smita Jha, Advocate For Respondent /State : Shri Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 15/11/2019 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.268/2019 registered at police station Mana Camp, District Raipur (CG) for the offence punishable under Sections 294, 323,506 and 307 IPC.

Case of the prosecution in brief is that a report was lodged by the complainant that his brother has been assaulted by the applicant while he was returning home, some altercation took between the victim and the applicant upon keeping the motorcycle aside. Counsel for the applicant submits that the applicant has been falsely implicated in the crime and that at the later stage, the victim

has submitted the application before the court blow that the matter has been resolved amicably and has no objection if the applicant is granted bail. He submits that the applicant is in jail since 03.09.19; the charge sheet has been filed 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