Rajendra Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Rajendra Patel S/o Shri Kalaram Patel Aged About 27 Years R/o Village - Nawagaon, Dayali, Chowki - Khudiya, Police Station Lormi, District Mungeli Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer Chowki - Khudiya, Police Station Lormi, District Mungeli Chhattisgarh.

---- Respondent For Applicant :- Mr. Achyut Tiwari, Advocate For Respondent-State :- Mr. Anil Tripathi, 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. 372/2019 registered at Chowki-Khudiya, Police Station - Lormi District Mungeli (C.G.) for the offence punishable under Sections 294, 506(B), 323, 307 of the IPC. • The prosecution story, in brief, is that the

complainant lodged an FIR against the applicant alleging that applicant assaulted him with spade due to previous enmity. Based on this, offence has been registered. The present applicant has been taken into custody on 23.09.2019.

• 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 23.09.2019, 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 23.09.2019 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 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