Dil Kumar v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7486 of 2019 • Dil Kumar S/o Budhwar Singh Aged About 25 Years R/o. Village- Chotiya, Thana- Bango, District- Korba, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Police Station- Bango, District- Korba, Chhattisgarh.

---- Respondent For Applicant :- Mr. Samir Singh, Advocate For Respondent-State :- Ms. Akshara Amit, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 14/01/2020 • 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. 159/2019 registered at Police Station - Bongo, District Korba (C.G.) for the offence punishable under Sections 294, 506, 323, 308, 186, 332 of the IPC and Section 3(1) of Prevention of Damages to Public Property Act. • The prosecution story, in brief, is that the complaint has lodged on 05.06.2019 against the applicant that applicant has assaulted to him and threatening him for dire consequences and when police party has

bringing him hospital at that time he turn turtle the government vehicle and obstructing to discharge. Based on this, offence has been registered. The present applicant has been taken into custody on 24.10.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that charge-sheet has been filed and the applicant was made an accused only on the basis of the memorandum of co-accused. Next submission is that as the applicant is in jail since 24.10.2019, 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 24.10.2019 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.

25,000/- 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