Ghasiram Netam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 409 of 2020 • Ghasiram Netam S/o Dashmat Netam Aged About 29 Years R/o Village Khotlapal Police Station Karpawand District - Bastar (Jagdalpur) Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Karpawand, District Bastar (Jagdalpur) Chhattisgarh.

---- Respondent For Applicant : Shri Praveen K.Tulsyan, Advocate For Respondent/State : Ms. Akshara Amit, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 02/03/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 51/2019 registered at police station Karpawand, District Bastar (CG) for the offence punishable under Sections 294,323,506,307 and 302/34 IPC.

As per prosecution case, on the date of incident i.e. 27.09.2019, the applicant along with co-accused assaulted the deceased with a wooden stick on his head as a result of which he sustained injury. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that the main allegation is against the co-accused. He submits that the applicant is in

jail since 03.10.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna