Nirmal Singh Rajput v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6978 of 2019 • Nirmal Singh Rajput S/o D.R. Rajput Aged About 36 Years R/o Quarters No. 784, Sector 3-A, Balco Nagar, Korba, Tahsil And District Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Chowki Manikpur, Police Station Kotwali, District Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Respondent For Applicant :Shri Anup Majumdar, Advocate.

For Respondent :Shri Sameer Sharma, Dy. Govt. Advocate Hon'ble Smt. Justice Rajani Dubey Order on Board 06/12/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.617/2019 registered at Police Station Police Chowki Manikpur, P.S.Kotwali, District Korba(C.G.) for the offence punishable under Sections 147, 341, 342, 294, 186, 353, 332, 427 of the IPC and Section 3 of the Prevention of Damage to Public Property Act, 1984.

• As per the case of prosecution, on 4.10.2019 at about 11.30 pm in the night, the applicant along with other co-accused persons consumed liquor and started harassing the people at the public place, passing through the road and when patrolling team of police reached to control them, they

abused the police persons and damaged the patrolling vehicle.

• Learned counsel for the applicant submits that the applicant has not committed any offence and the applicant along with his friends were standing and talking on the road only. He submits that the offence is triable by Magistrate and applicant is in jail since 5.10.2019 and trial may take some time for its final disposal therefore, the applicant may be released on bail.

• On the other hand, learned counsel for the State opposes the bail application.

• Perused the entire material available on record. • Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the offence is triable by Magistrate, I am of the opinion that present is a fit case to release the applicant on bail. • Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

• It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

• Certified copy as per rules.

Sd/ (Rajani Dubey) Judge sunita