High Court Of ChhattisgarhMCRC/8106/2019allowed

Punit Ram Viswakarma v. State Of Chhattisgarh

2020-02-03Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8106 of 2019 • Punit Ram Vishwakarma, S/o Panchram, aged about 29 years, R/o Pachpedi, P.S. Bhakhara, Tah. Kurud, District Dhamtari Chhattisgarh. ----Applicant

Versus

• State Of Chhattisgarh Through- the Station House Officer, P.S. Bhakhara, District Dhamtari Chhattisgarh.

---- Respondent For Applicant :

Mr. Amar Nath Rai, Advocate.

For State :

Mr. Vaibhav K. Agrawal, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 03.02.2020 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing his on regular bail during trial in connection with Crime No. 157/2019 registered at Police Station - P.S. Bhakhara, District Dhamtari (C.G.) for the offence punishable under Sections 294, 324, 326, 506 of IPC.

• The allegation against the present applicant is that, due to some reason a dispute arose between the applicant and complainant and the applicant poured hot oil upon the complainant. Based on that, after completion of investigation, offence has been registered against the applicant and he has been arrested.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submitted that the applicant is in jail since 26.08.2019 and he is ready to furnish adequate surety and shall abide by all the directions and conditions which may imposed by this

Court, the present applicant may be released on bail. • Per contra, State counsel strongly 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 applicant, as the offence is triable by Judicial Magistrate First Class and 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.

• 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 said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu