Sandip @ Sendi Khirwat Arora v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7945 of 2019 • Sandip @ Sendi Khirwat Arora S/o Late Shri Rajendra Arora Aged About 30 Years, R/o Quarter No. E/38, SECL, Subhash Block Korba, District Korba, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station Kotwali, District Korba, Chhattisgarh.

---- Respondent For Applicant :

Mr. Awadh Tripathi, Adv.

For Respondent/State :

Mr. Vinod Kumar Tekam, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 06/12/2019

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. 385/2019 registered at Police Station-Kotwali, District-Korba (C.G.) for the offence punishable under Sections 294, 323, 506, 326, 34 of the IPC.

2. The prosecution story, in brief is that the applicant along with the other co-accused has assaulted the complainant with hands, fists and bat, due to which complainant received injuries. 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 other co-accused has already been granted bail in MCRC No. 6458/2019 so, the applicant may also be grant the benefit of bail. The applicant is in jail since 28.08.2019, 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 other co-accused has already been granted bail and the present applicant is in jail since 28.08.2019 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