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Judgment
18 paragraphs · 335 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 03.11.2020 in
connection with Crime No.195/2020 registered at Police Station Ganj, Distt. Raipur (C.G.), for the offence punishable under Sections 307 and 34of the
Indian Penal Code.
Case of the prosecution, in brief, is that, the complainant was speaking along with his friend Monu near Sahubada Express-Way Fafadih Ganj
Raipurt, at that time the accused appellant along with other accused persons came there, threatened the complainant by using filthy language and also
committed marpeet with him. On the basis of the report of the complainant, crime was registered at Police Station Ganj against the applicant and other
two accused persons.
Learned counsel for the applicant submits that the applicant has been falsely implicated by the complainant due to previous enmity and the applicant
has not assaulted the the complainant. He further submits that the applicant is in jail since 03.11.2020, and co- accused persons have already been
granted bail by the Court below, therefore, present applicant may also be enlarged on bail.
On the contrary, learned State counsel opposes the application for grant of bail.
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 considerable time for its conclusion, 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, unless exempted from appearance.
Certified copy as per rules.