Ashish Bandhe vs State Of Chhattisgarh
2023 Latest Caselaw 839 Chatt

                                         1

                                                                            NAFR
               HIGH COURT OF CHHATTISGARH, BILASPUR
                            MCRC No. 429 of 2023
    Ashish Bandhe S/o Madraji, Aged About 19 Years R/o Pisegaon, Police
     Station -Pulgaon, Tahsil And District Durg Chhattisgarh.
                                                                     ---- Applicant
                                    Versus
    State Of Chhattisgarh Through Police Station Pulgaon, District : Durg,
     Chhattisgarh
                                                              ---- Non-Applicant

For the Applicant                :     Mr. Devesh G. Kela, Advocate
For Non-Applicant                :     Ms. Smriti Shrivastava, P. L.
For the Objector                 :     Mr. Vipin Singh, Advocate

                     Hon'ble Shri Justice Sachin Singh Rajput
                                  Order On Board
09.02.2023
    1.

The applicant has preferred the first bail application under Section 439 of CrPC for grant of regular bail as he is in jail since 28.10.2022 in connection with Crime No.507/2022 registered at Police Station- Pulgaon, District- Durg (C.G.) for the offence punishable under Sections 294, 324, 506, 307 & 34 of IPC.

2. The case of prosecution in brief, is that the applicant abused to the complainant and threatened with dire consequences and inflicted injury by some sharp weapon in the abdomen because of which blood started from the stomach of complainant. It was further stated that the incident was seen by Arun Yadav and Mukesh Yadav. Thereafter, FIR has been registered.

3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this case. He further submits that the applicant and the injured are friends and when some altercation took place between them, during course of interception, without any intention alleged injury was caused to the victim/objector. He submits that the applicant and the injured have also amicably settled their disputes and submits that it is not a case against the society, therefore, the Hon'ble Supreme Court in case of Narinder Singh and Ors. Vs. State of Punjab and another reported in (2014) 6 SCC 466 has quashed the FIR under Section 307 IPC, since the matter has been compromised between the injured and the applicant and looking to his detention period i.e. from 28.10.2022, the investigation is complete, charge-sheet has been filed, trial is not concluded as yet, therefore, application may be allowed.

4. On the other hand, learned counsel for the State opposes the bail application and submits that the injury sustained by the injured/objector is grievous in nature and looking to the evidence collected by the prosecution, applicant is not entitled for bail. Even the compromise has been taken place between the applicant and the injured/objector.

5. Counsel for the objector submits that the compromise has already been taken place between the applicant and the injured and he has no objection for grant of bail as they are friends.

6. I have heard learned counsel for the parties and considered their rival submissions.

7. Considering the facts and circumstances of the case, looking to the nature of allegation, detention period, trial may take some time and also in view of judgment of Hon'ble Supreme Court in case of Narinder Singh and Ors. (Supra), without commenting anything on merits of the case, I am inclined to allow this bail application.

8. Accordingly, the bail application filed by applicant is allowed and it is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court on the conditions that:-

a) He shall not directly or indirectly make any inducement, threat or promise to any person including victim acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court.

(b) He shall not act in any manner which will be prejudicial to fair and expeditious trial,

(c) He shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

(d) He shall not make any attempt to tamper with the prosecution witnesses.

(e) If applicant is found involved in similar offence in the future, it will be open for the trial Court to cancel the bail granted to the applicant.

Certified copy as per rules.

Sd/-

(Sachin Singh Rajput) Judge parul