High Court Of ChhattisgarhMCRC/7884/2019allowed

Gopal Singh v. State Of Chhattisgarh

2020-01-22Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7884 of 2019 • Gopal Singh S/o Shri Satnam Singh Aged About 29 Years R/o Subhash Nagar, Durg, District- Durg, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The District Magistrate, Durg, DistrictDurg, Chhattisgarh. ---- Respondent For Applicant.

Mr. T.K. Jha, Advocate.

For Respondent/State :

Ms. Akshara Amit, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 22.01.2020

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. 995/2019 registered at Police Station - City Kotwali, District Durg (C.G.) for the offence punishable under Sections 147, 148, 149, 341, 294, 506, 427, 186, 353 of IPC.

2. As per the prosecution case, complainant Rajpal, who was driving the trailer bearing registration No. CG-14 JA 8829, met an incident on 25.10.2019 about 11.30 PM near the District Hospital Durg. Thereafter, applicant with other co-accused persons came there and started hurling abuses and damaging the vehicle of the complainant. After that, offence has been registered against the applicant and after completion of investigation it is revealed that vehicle of the

police force was also vandalized. Applicant has been arrested on 15.11.2019.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that case is pending before Judicial Magistrate First Class and the applicant is in jail since 15.11.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

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

5. I have heard learned counsel for the parties and perused the record.

6. Considering the facts and circumstances of the case, nature and gravity of the offence, the detention period of the applicant particularly the fact that the offence is triable by Judicial Magistrate First Class, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu