High Court Of ChhattisgarhMCRC/7523/2019allowed

Tarachand Dewangan v. State Of Chhattisgarh

2020-01-14Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7523 of 2019 • Tarachand Dewangan S/o Nohar Dewangan Aged About 27 Years R/o Village Mongara Ward No. 8, Bhathapara, Police Station Mahasamund, Tahsil And District Mahasamund, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Office, Police Station Mahasamund, Tahsil And District Mahasamund, Chhattisgarh ---- Respondent For Applicant : Shri Raghavendra Pradhan, Advocate For Respondent/State : Shri Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 14/01/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 295/2019 registered at police station Mahasamund district Mahasamund (CG) for the offence punishable under Sections 294 and 307,34 IPC. As per prosecution case, the applicant along with co-accused persons abused the complaint and caused injury on his neck with a scissor.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the co-accused persons

have already been granted bail by this Court in M.Cr.C. Nos. 5472/2019 and 5496/2019 vide order dated 22.10.2020 and therefore the present applicant may also be granted similar benefit. He submits that the applicant is in jail since 11.07.2019 and looking to the conduct of the prosecution, it is clear that the trial will take time for its conclusion.

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

Having heard counsel for the parties, considered the totality of the fact, in particular the nature of allegation and the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna