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Judgment
22 paragraphs · 406 words@JUDGMENT-JUDGMENT
Sanjay K. Agrawal, J
This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has
been arrested in connection with Crime No. 159/2019, registered at Police Station Sarswatinagar, Raipur, District Raipur (CG), for the offence
punishable under Sections 294, 307, 34 of Indian Penal Code.
Case of the prosecution, in brief, is that the applicant and other co¬accused persons collided with the scooter of the complainant and assaulted the
complainant with knife and stabbed him which was sufficient to cause death and thereby, committed the aforesaid offence.
Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in the crime in
question. He would further submit that the applicant is in jail since 10/01/2020.
On the other hand, learned counsel for the State would oppose the bail application.
I have heard learned counsel appearing for the parties.
Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicant and pre¬trial
detention of the applicant, this Court is of the opinion that present is a fit case wherein the applicant should be enlarged on regular bail.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/¬ with one surety in the like sum
to the satisfaction of the concerned trial Court, for his appearance as and when directed.
It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished 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 not 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.
Certified copy, as per rules.