Animesh @ Farra @ Chhotu Kevat v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Animesh @ Farra @ Chhotu Kevat S/o Ravishankar Kewat, Aged About 20 Years R/o Jabdapara, Bilaspur, Police Station Sarkanda, District - Bilaspur Chhattisgarh. ---- Applicant
Versus
• State of Chhattisgarh Through The District - Magistrate Bilaspur, District - Bilaspur Chhattisgarh.
---- Respondent For Applicant :- Mr. Sushobhit Singh, Advocate For Respondent-State :- Mr. Vinod Kumar Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 13/01/2020 • 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. 201/2019 registered at Police Station - Fingeshwar, District Gariyaband (C.G.) for the offence punishable under Sections 294, 506, 323, 324, 452, 34 of the IPC. • The prosecution story, in brief, is on 28.02.2019 the victim while parking his Bolero Car, engaged into scufÒe with the applicant. Applicant along with other
co-accused assaulted the victim/complainant with deadly weapon, knife. Based on this, offence has been registered. The present applicants have been taken into custody on 01.10.2019.
• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant has not been named in FIR. Next submission is that as the applicants are in jail since 01.10.2019, he is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, the present applicant may be released on bail.
• On the other hand State counsel strongly opposes the bail application.
• I have heard learned counsel for the parties and perused the entire material available on record. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the fact that the present applicant is in jail since 01.10.2019 and as 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.
• Accused/applicant is directed to be released on bail on their executing a personal bond in the sum of Rs.
50,000/- with one local surety in the like sum to the satisfaction of the trial Court. Applicant is directed to appear before the said Court on each and every date given to him by the said Court.
Sd/- (Rajani Dubey) Judge Ankit