Sanjay Rakshel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Sanjay Rakshel S/o Shri Annu @ Shrawan Rakshel, Aged About 30 Years R/o Sweeper Colony, Moudhapara, Police Station Moudhapara, Raipur, Tahsil & District Raipur Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Station House OfÏcer, Police Station Gudhiyari, District Raipur Chhattisgarh. ---- Respondent For Applicant :- Mr. Umakant Singh Chandel, Adv.

For Respondent-State :- Mr. Waseem Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 20/01/2020 1.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.252/2019 registered at Police Station - Gundhiyari, District Raipur (C.G.) for the offence punishable under Sections 307, 147, 148, 149, 120B of the IPC and Sections 25 and 27 of the Arms Act.

2.The prosecution story, in brief, is that the present

applicant and other co accused persons were assaulted the complainant by knife. Based on this, offence has been registered. The present applicant has been taken into custody on 23.07.2019.

3.Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant is not named in the FIR but subsequently he was roped in the aforesaid crime and the main allegation is against other person. Next submits that the present applicant is in jail since 23.07.2019, 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.

4.On the other hand State counsel strongly opposes the bail application.

5.I have heard learned counsel for the parties and perused the entire material available on record. 6.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 23.07.2019 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.

7.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. 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