High Court Of ChhattisgarhMCRC/9727/2018allowed

Amit Singh v. State Of Chhattisgrh

2019-01-14Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9727 of 2018 Amit Singh S/o Man Singh Aged About 31 Years Occupation- Business, R/o Sector-6, Police Line- Durg, Pwd 49, Bhilai, Police Station- City Kotwali, District- Durg, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgrh Through District- Magistrate, Through Station House Officer, Police Station- Dadhi, District- Bemetara, Chhattisgarh. ---- Respondent For the Applicant :

Shri Suresh Verma, Advocate For the State :

Shri Arvind Shukla, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.148/2015 registered at Police Station Dadhi, District Bemetara (C.G.) for the offence punishable under Section 376 of IPC.

3. Case of the prosecution, in brief is that applicant was facing trial under Section 376 of IPC. He was released on anticipatory bail by this Court. On 10/10/2017 he was absent, thus arrest of warrant was issued against him. On 21/06/2018 he was declared absconded and permanent arrest of warrant was issued against him. In compliance of it he was arrested and produced before the trial Court on 24/11/2018.

4. Learned counsel for the applicant submits that he has innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the facts and circumstances of the case, it is ordered that if the applicant furnishes two solvent sureties for a sum of Rs. 25,000/- along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Court with the condition that (i) he shall appear before the trial Court at 11.00 am on hearing dates, (ii) he shall not leave District Bemetara without obtaining the permission from the trial court, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde