Chattisgarh High Court
Chandra Shekhar Sahu @ Aaru @ Aryan vs State Of Chhattisgarh on 30 June, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No.4790 of 2022
Chandra Shekhar Sahu @ Aaru @ Aryan S/o Shri Yashwant Sahu Aged About
21 Years R/o House No. 17/18, Amay Vihar Colony, Telibandha, Police Station
Telibandha, Tehsil And District Raipur Chhattisgarh Mobile No. 7067553655.,
District : Raipur, Chhattisgarh ---Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station New
Rajendra Nagar, Raipur , District Raipur Chhattisgarh. ----Non-Applicant
For Applicant: Shri Surfaraj Khan, Advocate.
For Non-Applicant/State: Ms. Shivali Dubey, PL.
Hon'ble Shri Justice Deepak Kumar Tiwari
Order on Board
30.06.2022
1.This is the 1st 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.45/2022 registered at Police Station New Rajendra Nagar, Raipur, District Raipur (CG) for the offence punishable under Sections 294, 324, 327, 427,34 & 394 IPC as also under Sections 25 & 27 of the Arms Act.
2. Case of the prosecution is that on 20.02.2022, the Applicant along with other co-accused Manya Sahu @ Rounak had gone to the shop of complainant Chirag Hinduja and demanded money for consuming liquor and assaulted him by using knife and also caused damages to the goods of the shop, therefore, the aforesaid offence has been registered against him.
3. Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the crime in question for which, he was arrested on 22.02.2022, he is a young boy of 21 years, his marriage is scheduled from 04.07.2022. He further submits that co-accused Manya Sahu @ Rounak has already been enlarged on bail by the co-ordinate Bench vide order dated 20.06.2022 passed in M.Cr.C No.4591/2022 and referred to the statement of injured complainant Chirag Hinduja wherein, he has stated that one of the accused has used the knife. He lastly submits that conclusion of trial is likely to take some time, therefore he may be released on bail by this Court.
4. On the other hand, learned counsel for the Non-Applicant/State opposed the bail application and submits that there is one previous criminal antecedent against the present Applicant pertaining to the year 2020. She further submits that however, in the statement of injured complainant Chirag Hinduja, he has not stated clearly as to whether who has assaulted him by using knife though seizure of knife has been made from both the accused and mentioned both their names.
5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering the nature of allegations and co- accused Manya Sahu @ Rounak has already been enlarged on bail by the co- ordinate Bench vide order dated 20.06.2022 passed in M.Cr.C No.4591/2022 and further considering the pre-trial detention, without further commenting anything on merits, I am inclined to allow the application.
6. Accordingly, the application is allowed and it is directed that on Applicant's furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, he shall be released on bail. He shall however, make his appearance before the concerned Court as and when so directed.
C.C today.
Sd/-
(Deepak Kumar Tiwari) Judge Priya