Anand Lal Sonwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7066 of 2019 • Anand Lal Sonwani S/o Late Arjun Lal Sonwani, Aged About 38 Years, R/o Chhote Koni, Daihanpara, P.S. Koni, District Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : The Station House Officer, Police Station Koni, District Bilaspur, Chhattisgarh. ---- Respondent For Applicant :

Mr. B. P. Banjare, Adv.

For Respondent/State :

Mr. B. L. Sahu, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 06/01/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 293/2019 registered at Police Station-Koni, District-Bilaspur (C.G.) for the offence punishable under Sections 294, 307 and 506-B of the IPC.

2. The prosecution story, is that on 08.10.2019 complainant Akash Mahanand has lodged the oral report that his sister and other relatives together went at University Ground (Chhote Koni) for looking the Festival of Dashhara and at that time, applicant came there by bike and stopped the bike in-front of his sister and other relatives and was quarreling with them, and after the complainant and his relatives reached at the home of applicant, at that time the applicant came his home and at that time a quarrel was arisen between the complainant and the applicant. On this dispute the applicant assaulted with knife to the complainant. Based on this,

offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 09.10.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is in jail since 09.10.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu