High Court Of ChhattisgarhMCRC/9805/2018allowed

Dheeraj Jaiswal v. State Of Chhattisgarh

2019-01-16Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9805 of 2018 Dheeraj Jaiswal S/o Shri Shailendra Jaiswal @ Ajju Aged About 22 Years R/o Odginaka Baikunthpur, Tehsil Baikunthpur, District Koriya Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Baikunthpur, District Koriya Chhattisgarh ---- Respondent For the Applicant :

Smt. Meena Shastri, Advocate For the State :

Shri Wasim Miyan, 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. Case diary is not available. Photocopy of the charge-sheet provided by the counsel for the applicant in connection with the Crime No.231/2018 registered at Police Station Baikunthpur, District Koriya (C.G.) for the offence punishable under Section 25, 27 of Arms Act.

3. Case of the prosecution, in brief is that on 07/11/2018 at about 15 hours at Odgi Naka Baikhuthpur applicant was showing country made fire arm to the public and giving threatening to the public. One country made pistol and two live cartridges were seized from him.

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.

6. As per the photocopy of the memo of arrest of applicant, which is part of the charge-sheet, no antecedents has reported against the applicant.

7. Looking to the facts and circumstances of the case,looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, it is directed that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that he shall appear before the trial Court at 11.00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde