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Judgment
19 paragraphs · 377 wordsNK Chandravanshi, J
This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 29-11-2020 in
connection with Crime No.662/2020 registered at Police Station Khursipar, Distt. Durg (C.G.), for the offence punishable under Sections 307 of the
Indian Penal Code.
Case of the prosecution, in brief, is that, there was love affair between the victim and the applicant and the applicant used to go to her house. On
28-11-2020 in the night the applicant went to her house in a drunken condition and committed marpeet with her. The victim ran to the road, the
applicant chased her and stabbed her on her stomach. On the report lodged by husband of the victim, offence has been registered.
Learned counsel for the applicant submits that the applicant has been falsely implicated by the complainant due to previous enmity. The victim
herself wants to compromise the matter, which is also transpired from the impugned order dated 13-1-2021 passed by the Sessions Judge, Durg. He
further submits that the applicant is in jail since 29-11-2020, the applicant will not abscond if bail is granted, charge sheet has already been filed,
therefore, present applicant may be enlarged on bail.
On the contrary, learned State counsel opposes the application for grant of bail and submits that the offence is not compoundable.
Looking to the facts and circumstances of the case, nature and gravity of offence, period of detention and also considering the fact that the trial will
take some more time for its conclusion, and as per submission of applicant's counsel charge sheet has been filed, without further commenting on
merits of the case, I am inclined to release the applicant on bail.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his
furnishing a personal bond in sum of Rs. 25,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. He shall
appear before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance.
Certified copy as per rules.