High Court granted regular bail to the applicant charged with offences under IPC and Arms Act. Court directed personal bond subject to relaxation per Supreme Court order on COVID-19 in prisons.
Release on regular bail on person bond of Rs. 25,000 with one surety, exempted if bond furnished under Supreme Court COVID order.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1834 of 2020
---- Applicant
Versus
---- Respondent
For Applicant : Shri Rekhraj Baghel, Advocate For Respondent/State : Shri Dinesh Tiwari, Dy.GA
Hon'ble Smt. Justice Rajani Dubey
Order On Board
09/06/2020
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. 434/2019 registered at police station Kharora, district Raipur (CG) for the offence punishable under Sections 293,323,506(B), 452,307,147,148,149,34 IPC and Section 25 and 27 of the Arms Act.
Prosecution case in brief is that complaint was lodged by the complainant alleging that son of co-accused was abusing near the hand cart at village Ghorbhatti and when he was made to understand by one Vikas Verma, altercation took place. It is further alleged that the present applicant along with other villagers came holding
weapons, rod and club, assaulted the complainant and her family members and also threatened for life.
Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the injuries sustained by the complainant and her family members were simple in nature. He further submits that the applicant is in jail since 29.10.2019; challan has been filed; the offence is triable by the Magistrate 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
2 issues framed by the court
Whether the applicant should be released on regular bail given the detention period and nature of the charge.
Whether personal bond is to be furnished in light of the Supreme Court order on COVID-19 in prisons.
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
1 provisions across 1 enactments
Biselal Bharti
State Of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
