Ankit Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8203 of 2019 • Ankit Mishra, S/o Suryaprakash Mishra, Aged About 23 Years, R/o Near Malsai Pond, Piyush Nagar, Kushalpur, P.S.- Puranibasti, Raipur District- Raipur Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh, Through Station House Offiicer, P.S. Puranibasti, Raipur District- Raipur Chhattisgarh. ---- Respondent For Applicant : Ms. Sunita Sahu, Adv.

For Respondent/State : Mr. V. K. Agrawal, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 04.02.2020

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. 265/2019 registered at Police Station- Puranibasti, Raipur District- Raipur, (C.G.) for the offence punishable under Sections 435, 436, 427, 34 of I.P.C.

2. The prosecution story, in brief is that, the complainant has lodged a report alleging that some rent articles were kept in his house situated at Malsai Pond, the applicants have set fire to the said articles thereafter, they also set fire to Tata Vehicle bearing registration No. C.G. 04 J.D. 5244. Thereafter, offence has been registered against the present applicant and other co-accused persons.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. She further submits that the applicant is in jail since 13.08.2019, 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, and further considering the facts that the applicant is in jail since 13.08.2019 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. 50,000/-, 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 Ruchi