Krishna vs State Of Chhattisgarh

Narendra Kumar Vyas, J

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he is in

jail since 9-11-2020 in connection with Crime No. 806 of 2020 registered at Police Station Sarkanda, District Bilspur for offence punishable under

Section 394/34 of IPC.

Allegation against the present applicant by the complainant Ashok Kumar Ghosh is that on 24-8-2020 at about 1.20 am when he was returning

home from duty, on the way applicant along with other co-accused persons stopped him and assaulted upon him by stone as a result of which he

became unconscious and fell down. Thereafter, he along with other accused persons looted his motor-cycle, purse and mobile phone,thereby the

aforesaid offence has been committed.

Learned counsel for the applicants submits that the applicant has been falsely implicated in this case. He would further submit tht the seizure that

has been made from the applicant does not lead to his connection with the offence committed. The applicant is in jail since 9-11-2020, charge sheet

has already been filed and conclusion of the trial is likely to take some time. He would further submit that the case of the present applicant is similar to

the case of other co-accused persons who have been granted bail by co- ordinate Bench of this court vide order dated 10-3-2021 passed in

M.Cr.C.Nos. 9156 of 2020, 1460 of 2021 & 1534 of 2021, therefore, present applicant may also be granted bail on the same ground.

On the other hand, learned counsel for the State though opposes the bail application but does not dispute the fact that the other co- accused persons

have already been granted bail by co-ordinate Bench of this Court.

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

Considering the facts and circumstances of the case, the fact that initially crime was registered against the applicant under Section 279, 336, 379 of

IPC but subsequently in place thereof offence under Section 394/34 of IPC was registered against him, the detention period of the applicant who is 20

years of age, charge sheet has already been filed and there is no apprehension of the applicant tampering with the evidence of absconding and that

conclusion of trial may take some time and further considering the fact that the other co-accused persons have already been granted bail by co-

ordinate Bench of this court, without commenting anything on merits of the case, I am of the opinion that it is a fit case to grant bail to the applicant.

Accordingly, the application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of

Rs.1,00,000/- with two sureties of Rs.50,000/- each 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. The applicant is being granted bail on the following conditions: i. he shall not directly or

indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact

to the Court, ii. he shall not act in any manner which will be prejudicial to fair and expeditious trial, iii. he shall appear before the trial Court on each

and every date given to them by the said Court till disposal of the trial, and iv. he shall not involve himself in any offence of similar nature in future or

else this order granting bail to the applicants shall automatically stand cancelled without further reference to this court.

In view of the above. I.A.No. 1 of 2021, application for urgent hearing and I.A.No.2 of 202, application for hearing during summer vacation also stand

disposed of.