Chattisgarh High Court
Vikram Aaditya Singhdev vs State Of Chhattisgarh on 24 February, 2023
Author: Rajani Dubey
Bench: Rajani Dubey
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 908 of 2023
Vikram Aaditya Singhdev S/o Shri Saptanjay Narayan Singhdev,
aged about 48 years, resident of Raj Palace, Post & Police
Station Jaipatna, Distt. Kalahandi (Odisha)
---- Applicant
In Jail
Versus
State Of Chhattisgarh through the Station House Officer, Police
Station Abhanpur, Distt. Raipur (CG)
---- Respondent
For Applicant : Ms. Sharmila Singhai, Sr. Advocate with Mr. K. Saini, Advocate.
For Respondent/State : Mr. Ghanshyam Patel, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 24/02/2023 The applicant has preferred this third bail application under Section 439 of CrPC for grant of regular bail as he is arrested in connection with Crime No.286/2022 registered at Police Station - Abhanpur, Distt. Raipur (CG) for the offence punishable under Section 307 of IPC and Section 30 of the Arms Act. The first bail application being MCRC No.7969/2022 and the second application MCRC No.8739/2022 were dismissed as withdrawn vide orders dated 13.9.2022 and 21.11.2022 respectively.
02. As per the prosecution case, on 10.8.2022 the applicant caused gunshot injury to victim Nikhil with an intent to cause his death which hit his left thigh.
03. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the crime in question. There was no intention of causing death of the victim on the part of the applicant. In fact, the victim sustained the injury accidentally while snatching the gun from the applicant. Complainant has already been examined before the trial Court and has not supported the prosecution case. The applicant is in jail since 10.8.2022; he has no criminal antecedents and conclusion of the trial is likely to take some time. Therefore, the applicant may be released on bail.
04. On the other hand, learned counsel for the State opposes the bail application. However, he does not dispute that the applicant has no criminal record.
05. I have heard learned counsel for the parties and perused the case diary.
06. Considering the facts and circumstances of the case, the fact that the complainant (PW-1) has not supported the prosecution case before the trial Court; the detention period of the applicant; the applicant has no criminal antecedents and that conclusion of the trial is likely to take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed.
07. It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed, till final disposal of the trial.
sd/ (Rajani Dubey) Judge Khan