Nakul Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8292 of 2019 • Nakul Chandrakar S/o Sukhdev Chandrakar Aged About 50 Years R/o Shanker Nagar Ward No. 11, Godin Badi, Durg, Police Station Mohan Nagar, District Durg Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The District Magistrate Durg, District Durg Chhattisgarh.

---- Respondent For Applicant :

Mr. Praveen Dhurandhar, Advocate.

For State :

Mr. B.L. Sahu, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 06.02.2020 • 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. 294/2019 registered at Police Station - Mohan Nagar, District Durg (C.G.) for the offence punishable under Sections 294, 506, 323, 186, 353, 336, 427, 332, 307, 34 of IPC.

• The allegation against the present applicant is that, after receiving information of quarrel, police constable/victim reached the incident spot and found the applicant quarreling with co-accused persons in the state of intoxication and when the on duty constable tried to pacify the matter, the present applicant along with other accused persons started hurling abuses and assaulted him with hand & fist, stones and club, due to that, he received grievous injuries. Based on that, 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. Applicant is in jail since 29.08.2019 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 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