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Chhattisgarh High Court · body

2014 DIGILAW 19 (CHH)

LEKHRAJ SINGH @ HAPPY SINGH v. STATE OF C. G.

2014-01-21

T.P.SHARMA

body2014
ORDER 1. The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail, as he has been arrested in connection with Crime No.334/2013 (Criminal Case No.514/13 pending before JMFC, Durg) registered at Police Station Khursipar, Bhilai for the offence punishable under Sections 294, 323 and 307/34 of the Indian Penal Code. 2. I have heard learned counsel for the parties and perused the case diary. 3. Learned counsel for the applicant submits that this is the First Bail application filed on behalf of the applicant for grant of regular bail. No other application of the nature is pending or decided by this Court or by the Apex Court. Application of the applicant has been supported by affidavit of Surya Prakash Rajput, uncle of the applicant. He further submits that the applicant has not committed any crime, he has been falsely implicated in crime in question and he is in custody since 25.10.2013. He further submits that as per the case of the prosecution and FIR, two persons out of three caused injury to the complainant by knife, but in the statement recorded under Section 161 Cr.P.C. on the second day, the complainant has stated that present applicant has provided knife to the co-accused for causing injury to him. 4. On the other hand, learned Panel Lawyer for the State opposes the bail application and submits that neither the applicant has provided the knife nor the co-accused caused the injury to the complainant. The applicant has participated in the commission of offence. 5. Considering the FIR and the statement of the complainant recorded under Section 161 Cr.P.C., I am of the view of that present is a fit case to admit the applicant on bail. Accordingly, the bail application is allowed. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- with one solvent surety in the like amount to the satisfaction of the trial Court. The applicant shall appear before the said Court as and when directed by the said Court. In case of two regular defaults, this bail order shall stand cancelled automatically. 6. The applicant shall appear before the said Court as and when directed by the said Court. In case of two regular defaults, this bail order shall stand cancelled automatically. 6. At the time of accepting bail bond, the Court concerned shall minutely verify that whether any bail application of the applicant has been decided previously by the High Court or by the Supreme Court and in case the Court finds that previous bail application has been decided, the order shall automatically stand cancelled. The Court concerned shall also submit compliance report within 15 days of its compliance to the Registry of this Court. Application Allowed.