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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 9425 of 2020

• Trishal @ Prince Dubey S/o Shri Praffull Dubey Aged About 24

Years R/o Ekta Chouck, Daldalseoni, P.S. Pandri, District- Raipur

(C.G.).

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, P.S.-

Pandri, District- Raipur (C.G.).

---- Non-Applicant/State

For Applicant

:

Shri Devershi Thakur, Advocate

For Non-Applicant/State

:

Ku. Ishwari Dhritlahre, P.L.

Hon'ble Justice Shri Gautam Chourdiya

Order on Board

02.02.2021

1. 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 on 07.10.2020 in connection

with Crime No.134/2020 at Police Station- Pandri, District-

Raipur (C.G.) for the offence punishable under Section 307, 34

of IPC & 25, 27 of Arms Act.

2. Case of the prosecution in brief is that on 11.09.2020 at night

about 22.45 hrs. the complainant-Ravindra Rao was after dinner

roaming outside his home, the applicant Prince Dubey alongwith

co-accused person namely Gokul Sahu, Lakki Goswami, Suraj

Choure and Ajay Gedam reached there and they were talking

together during which Gokul Sahu and Suraj Choure due to

previous enmity started quarreling with each other. Thereafter,

Gokul Sahu with intention to kill Suraj Choure assaulted him with

knife on his neck and back which got knife stuck to his back. The

victim in his statement under Section 164 of Cr.P.C. recorded

before Magistrate stated that after receiving knife injury he

turned back, he saw the present applicant/accused also. During

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investigation, on the memorandum of the applicant, the knife was

seized from his possession.

3. Learned counsel for the applicant submits that the allegations

against the applicant are false and fabricated, he is falsely

implicated in the case. He submits that only on the suspicion the

present applicant is roped in this case, the present applicant is

an innocent person, aged about-24 years old and he is in jail

since 07.10.2020, charge-sheet has already been filed, the

victim has filed an affidavit before the trial Court that he has no

objection to grant of bail to the applicant and that the

applicant/accused has no criminal antecedents and conclusion of

the trial is likely to take some time, therefore, at this stage, he

may be granted bail.

4. On the other hand, learned counsel for the Non-Applicant/State

opposes prayer for grant of bail and submits that the applicant

has no criminal antecedents.

5. Having considered the submission made by learned counsel for

the parties, taking into consideration the nature of allegation,

detention period of the applicant, statement of the victim under

Section 164 of CrPC, the fact that victim has filed an affidavite

before trial Court that he has no objection to grant of bail to the

the applicant, charge-sheet has already been filed, allegation of

assault by knife is against co-accused Gokul Sahu, the present

applicant has no criminal antecedents as admitted by both the

counsel and conclusion of the trial is likely to take some time,

therefore, the application is allowed. It is directed that in the

event of the applicant executing a personal bond for a sum of

Rs.50,000/- with two sureties of Rs. 25,000/- each to the

satisfaction of the concerned Trial Court, he shall be released on

bail on following conditions:-

(a) 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

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the Court.

(b) he shall not act in any manner which will be prejudicial to

fair and expeditious trial, and

(c) he shall appear before the trial Court on each and every

date given to him by the said Court till disposal of the trial.

(d) he shall not involve himself in any offence of similar

nature in future or else t