Parmanand Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7290 of 2019 • Parmanand Sahu S/o Late Sanjay Sahu Aged About 19 Years, R/oNear Water Tank No. 04 Vindhyawasni Ward Dhamtari District Dhamtari, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : SHO P.S.- Dhamtari (City Kotwali), District- Dhamtari, Chhattisgarh.

---- Respondent For Applicant :

Mr. Avinash Chand Sahu, Adv.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 09/01/2020

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. 436/2019 registered at Police Station-Dhamtari, City Kotwali, DistrictDhamtari (C.G.) for the offence punishable under Sections 294, 506 and 307/34 of the IPC.

2. The prosecution story, is that the on 09.10.2019 at night a quarrel took place between complainant Ramesh Kumar Joshi and accused/applicant and other co-accused person, on that coaccused Rupesh Tandon casued him grievous injury with knife. Based on this, offence has been registered against the present applicant and other co-accused person.

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 main allegation is against the co-

accused person. The applicant is in jail since 10.10.2019, 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 main allegation is against the co-accused person and applicant is in jail since 10.10.2019 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