Ravi Shankar Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9307 of 2018 • Ravi Shankar Patel S/o Jagat Ram Pate, aged about 39 years, R/o Village Kundarujhanjh, Tahsil Dabhara District Janjgir Champa (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through The Police Station House Officer, Police Station - Chandrapur, District- Janjgir Champa (C.G.) ---- Respondent __________________________________________________________________ For Applicant : Ms. Hamida Siddiqui, Advocate.

For Respondent/State : Mr. UKS Chandel, Panel Lawyer.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 04/01/2019

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. 192/2018, registered at Police Station - Chandrapur, District- Janjgir Champa (C.G.) for the offence punishable under Section 457 & 436 of the IPC.

2. As per prosecution story, during the intervening night of 29.09.2018 & 30.09.2018, the shop of the complainant caught fire by some unknown person. Thereafter, complainant made a report in this regard. On the basis of said report, offence has been registered against unknown person. During course of investigation, it was found that present applicant set fire to the complainant's shop. The applicant is in custody since 04.10.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. She further submits that there is no direct evidence available on record

against the applicant, he is in custody since 04.10.2018 and trial will take some time. Therefore, he may be released on bail.

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

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that there is no direct evidence available on record against the present applicant, he in custody since 04.10.2018 and trial is 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 solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham