Abhishek Soni @ Kartik Soni And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8034 of 2019

1. Abhishek Soni @ Kartik Soni S/o Shri Gopal Soni Aged About 19 Years R/o Kalibadi, Gandhi Nagar, Near N.R. Yogi, Kirana Store, Police Station Kotwali, Raipur, Tahsil And District Raipur, Chhattisgarh.

2. Mukesh Gupta @ Baniya S/o Arvind Gupta Aged About 24 Years R/o Kalibadi, Nehru Nagar, Below Kali Mandir Dhal, Near Tara Kirana Store, Police Station Kotwali, Raipur, District Raipur, Chhattisgarh.

3. Vikram Baghel S/o Ramu Baghel Aged About 22 Years R/o Kalibadi, Gandhi Nagar, Near Hanuman Mandir, Police Station Kotwali, Raipur, Tahsil And District Raipur, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Gudiyari Raipur, District Raipur, Chhattisgarh. ---- Respondent For Applicants :

Ms. Sunita Sahu, Advocate.

For Respondent :

Ms. Akshara Amit, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 28.01.2020 • The accused/applicants have moved these first bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No. 252/2019 registered at Police Station - Gudiyari, District Raipur (C.G.) for the offence punishable under Sections 307, 147, 148, 149, 120B of IPC and Sections 25 & 27 of the Arms Act.

• The prosecution story in nutshell is that, accused persons have assaulted the complainant by knife and fist due to that he sustained grievous injuries. On the basis of that, after investigation offence has been registered, and they have been arrested.

• Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the case. She further submits that other accused person namely Sanjay Rakshel has already been granted bail by this Court on 20.01.2020 in MCRC No. 7629/2019, as the applicants namely Abhishek Soni, Mukesh Gupta & Vikram Baghel are in jail since 14.07.2019, 23.07.2019 & 22.09.2019 respectively and they are ready to furnish adequate surety and shall abide by all the directions and conditions imposed upon them by the Court, therefore, the present applicants may also be granted bail.

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

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicants and further considering the fact that the other accused namely Sanjay Rakshel has already been granted bail by this Court, 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 applicants on bail. Accordingly, the application is allowed.

• Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the said Court on each and every date given to them by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu