Mandavi v. Sirgitti, District Bilaspur (C.G.)

Mr. Suresh Kumar Verma, Advocate For the Applicant/s :- For the State Mr. Kunal Das, PL :- _______________________________________________________________ Hon'ble Shri Justice Sachin Singh Rajput,

08.12.2022 Order on Board The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is in custody in connection with crime No. 413 of 2022 registered in Police Station Sirgitti, District Bilaspur, CG for offence punishable under Sections 279, 294, 323, 337, 506, 307, 34 of IPC and Section 25 & 27 of Arms Act.

Case of the prosecution in brief is that on 05.06.2022 the present applicant scooty and the complainant motorcycle was accident in Bannak Chowk and therefore, the present applicant abusing the complainant the same dispute can arises therefore, the present applicant the guptinuma knife assaulting the complainant and the complainant sustained injury in his hand, arm and therefore, offence has been registered against the present applicant.

Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the case. He further submits that there are three accused persons have already been granted bail by the trial Court. He submits that the applicant is in jail since

08.06.2022 and charge-sheet has already been filed, trial is not concluded as yet, therefore, he may be enlarged on bail.

State counsel opposes the application and submits that looking to the seriousness of the allegations made against the present applicant, he is not entitled for bail.

I have heard learned counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case, looking to the fact that the nature of allegations and there are three accused persons have already been granted bail by the trial Court, charge-sheet has already been filed and applicant is in jail since 08.06.2022, trial may take some time for conclusion, without commenting anything on the merits of the case, I am inclined to enlarge the applicant on bail.

Accordingly, the bail application filed by applicant is allowed and it is directed that on applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

It is made clear that applicant will not involve himself in any offence similar in future, otherwise bail granted to him shall be liable to be cancelled without further reference to the bench. The observations made hereinabove is only for the purpose of deciding the bail application and the trial will decide the case on its own merit without being influenced by any observation made hereinabove. Certified copy as per rules. Sd/- (Sachin Singh Rajput) Judge PAWAN