Chattisgarh High Court
Fate Narayan Rajwade vs State Of Chhattisgarh on 20 January, 2022
Author: Rajani Dubey
Bench: Rajani Dubey
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRCA No. 1409 of 2021
• Fate Narayan Rajwade S/o Balvir Prasad Rajwade Aged About
35 Years Caste- Rajwar, R/o Village- Dedri, P.S. And Tehsil-
Surajpur, District- Surajpur, Chhattisgarh,
---- Applicant
Versus
• State Of Chhattisgarh Through P.S. Surajpur, District- Surajpur,
Chhattisgarh
---- Respondent
For Applicant : Shri D.N.Prajapati, Advocate For Respondent/State : Shri G.P.Kurre, PL Hon'ble Smt. Justice Rajani Dubey Order On Board By Virtual Hearing 20/01/2022 This is an application filed under Section 438 of the Code of Criminal procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 456/2021 registered at Police Station Surajpur, district Surajpur (CG) for the offence punishable under Sections 294,506 (B) and 307 IPC.
Case of the prosecution in brief is that on 29.02.2021, when the complainant was collecting durga puja chanda, some altercation took place between the applicant and the complainant as a result of which he started abusing him and thereafter tried to assault him with axe.
Contention of the counsel for the applicant is that the applicant have been falsely implicated in the present case. He submits that even if the entire case of prosecution is taken as it is, offence under Section 307 IPC is not made out against the applicant. He submits that in the present circumstances of the pandemic Covid-19, the investigation will take time and therefore he may be granted bail.
On the other hand, learned counsel for the State opposes the bail application.
Having heard counsel for the parties and considering the totality of the facts, in particular, the nature of allegations against the applicant this Court is of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail on his executing a personal bond in sum of Rs. 25,000/- with one surety to the satisfaction of the concerned arresting/investigating officer or the court concerned, as the case may be, with the following terms and conditions:
(i) that the applicant shall make himself available for interrogation/ medical examination before the concerned investigating officer as and when required;
(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him/her from disclosing such facts to the Court or to any police officer;
(iii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and
(iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
Sd/-
(Rajani Dubey) Judge suguna