Konika Khute v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Konika Khute W/o Hirasingh Khute Aged About 26 Years R/o Village Dudhwara, Tahsil And Police Station Magarlod, District Dhamtari, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Magarlod, District Dhamtari, Chhattisgarh. ---- Respondent For Applicant :- Mr. Sanjeev Kumar Sahu, Adv.

For Respondent-State :- Mr. V.K. Agrawal, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 09/01/2020 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing his on regular bail during trial in connection with Crime No. 215/2019 registered at Police Station - Magalod DistrictDhamtari (C.G.) for the offence punishable under Sections 294, 323, 506, 307, 34 of the IPC.

• As per the case of prosecution, on 31.07.2019 complainant Gngabai Kurre was lodged written report on the basis of dispute between the present

applicant and the other co accused persons and complainant. The present applicant and other co accused persons were abusing the complainant and assaulted with stick and other weapon and complainant sustained injury. Thereafter, offence has been registered against the present applicant and taken him into custody on 03.09.2019.

• 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 is in jail since 03.09.2019 and he is ready to furnish adequate surety and shall abide by all the directions and conditions which may 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. • Considering the facts and circumstance of the case, in particular the nature of allegations against the applicant and the fact that the applicant is in jail since 03.09.2019 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 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 said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ankit