Single Judge order granting regular bail to an applicant under Section 439 CrPC in an attempt-to-murder case, directing furnishing of a personal bond or relying on existing bonds posted for COVID relief.
Regular bail granted subject to furnishing a personal bond of Rs. 25,000 with one surety, or reliance on existing bonds posted for COVID-19 relief.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1682 of 2020
---- Applicant
Versus
---- Respondent
| For Applicant | : Shri Aditya Khare, Advocate |
|---|---|
| For Respondent/State | : Shri DineshTiwari, Dy.GA |
Hon'ble Smt. Justice Rajani Dubey
Order On Board
15/06/2020
The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 29/2020 registered at police station Dharsinwa, district Raipur(CG) for the offence punishable under Section 307/34 IPC.
As per prosecution case, report was lodged by the complainant alleging that the applicant and other accused persons have thrown burning match stick upon her as a result of which she sustained injury.
Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the injuries were simple in nature. He further submits that the applicant is in jail since 16.01.2020 and looking to the conduct of the prosecution it is clear
that the trial will take time for its conclusion.
On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.
It is directed that in the event of the applicant’s furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.
It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnishing in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of In Re: Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (C) No. 1/2020), he need nod furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks' from today.
Sd/-
(Rajani Dubey) Judge
suguna
1 issue framed by the court
Whether the applicant is entitled to regular bail in a case involvingAttempt to murder underSection307/34 IPC.
Colour shows how this judgement treated each authority
In Re: Contagion of COVID 19 Virus in PrisonsReferred¶20
In Re: Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (C) No. 1/2020)
1 provisions across 1 enactments
Anil Raj
State Of Chhattisgarh Through The Station House Officer, Police Station Dharsinwa, District Raipur
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
