Bhupendra Sonkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7234 of 2019 • Bhupendra Sonkar, S/o Shri Faguram Sonkar, Aged About 19 Years, R/o Near Chandipara, Bhatagaon, P.S. Purani Basti, Raipur, Tahsil and District Raipur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through: Station House Officer, P.S. Purani Basti, Raipur, District Raipur, Chhattisgarh. ---- Respondent For Applicant : Ms. Sunita Sahu, Adv.

For Respondent/State : Mr. Akhtar Hussain, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07.01.2020

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. 311/2019 registered at Police Station Purani Basti, Raipur, (C.G.) for the offence punishable under Sections 294, 506-B, 324, 326, 34 of I.P.C. and Sections 25, 27 of the Arms Act.

2. The prosecution story, in brief is that, on 15.09.2019 at about 11:30 P.M., the complainant and other co-accused persons have minor dispute with regard to Ganesh Visarjan Jhaki and Komal Sonkar have assaulted on complainant by knife and they have run away from the spot. Thereafter, 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 charge-sheet has already been filed. The applicant is in jail since 18.09.2019, 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, and further considering the facts that the applicant is not a main accused. The applicant is in jail since 18.09.2019 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 Ruchi