Raju Barman v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7669 of 2019 • Raju Barman S/o K.L. Barman Aged About 38 Years R/o Bhadrapara Balco Nagar, District Korba Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Chowki Manikpur, Thana Kotwali, District Korba Chhattisgarh.

---- Respondent For Applicant :

Dr. N.K. Shukla, Sr. Advocate assisted by Shri Shailedra Shukla, Adv.

For Respondent :

Mr. Vinod K. Tekam, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 12/12/2019 • 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 - Chowki Manikpur, Thana Kotwali, District Korba Chhattisgarh for the offence punishable under Sections 147, 341, 342, 294, 186, 353, 332, 427 of IPC. • According to the prosecution story, on 04.10.2019 at abut 11.30 PM, present applicant with other co-accused persons were drinking alcohol on the road side near S.B.S. Colony and disturbing the people who were passing through the road. On the basis of complaint, petrolling team arrived the incident place to maintain peace but all the accused persons started abusing the patrolling team and damaged the patrolling vehicle as well. Thereafter, the present applicant along with other co-accused persons has been arrested.

• Learned counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that the applicant along with his friends were talking on the road only. He next submits that the other co-accused persons have already been granted bail by this Court on 06.12.2019 in MCRC Nos. 6901/2019, 6999/2019, 6978/2019, 6920/2019 & 7002/2019, applicant is in custody since 05.10.2019 and trial will take some time, therefore, he may be released on bail.

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

• I have heard learned Counsel for the parties. • Considering the facts and circumstances of the case, the detention period of the applicant, and further considering the fact that other co-accused have already been granted bail by this Court and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

• Accordingly, the bail application is allowed. • It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed. • Certified Copy today.

Sd/- (Rajani Dubey) Judge

Vijay Sahu