Komal Sonkar v. State Of Chhattisgarh

MCRC No. 7357 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7357 of 2019 • Komal Sonkar S/o Faguram Sonkar Aged About 21 Years R/o Near Chandi Mandir Bhatagaon, Police Station Puranibasti, District Raipur, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Puranibansti, District Raipur, Chhattisgarh. ---- Respondent For Applicant :- Mr. C.R. Sahu, Advocate For Respondent-State :- Mr. Akhtar Hussain, 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. 311/2019 registered at Police Station - Puranibasti District Raipur (C.G.) for the offence punishable under Sections 294, 506-B, 324, 326, 34 of the IPC and Sections 25 and 27 of the Arms Act. • The prosecution story, in brief, is that on 15.09.2019 in the night complainant and other co-accused persons have minor dispute with regard to Ganesh Visarjan Jhaki and applicant has assaulted the complainant by knife and they have run away from the spot. Thereafter, offence has been registered against the present applicant.

MCRC No. 7357 of 2019 • 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 chargesheet has already been filed. He further submits that the co-accused-Bhupendra Sonkar, has already been released on bail. The applicant is in jail since 18.09.2019 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 case diary.

• Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the fact that the co-accused was released on bail and he is in jail since 18.09.2019 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