Vijay Anant v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7861 of 2019 • Vijay Anant S/o Chotelal Anant Aged About 22 Years, R/o Village Raveli Police Station- Suhela, District- Revenue And Civil- Baloda Bazar-Bhatapara, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station- Suhela, DistrictRevenue And Civil Balodabazar-Bhatapara, Chhattisgarh. ---- Respondent For Applicant :

Mr. Sumit Jhawar, Adv.

For Respondent/State :

Ms. Reena Singh, 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 Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 279/2019 registered at Police Station-Suhela, Civil and Revenue District - Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 294, 323, 324 of the IPC and 25, 27 of Arms Act.

2. The prosecution story, is that the complainant lodged a report that on 26.10.2019 about 8:30 pm. when complainant stood in-front of his shop, the applicant used filthy language and assaulted with sharp weapon like sward due to which complainant sustained grievous injury on his left leg. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 15.11.2019,

there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the offence is triable by Judicial Magistrate First Class. The applicant is in jail since 15.11.2019 and 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. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu