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High Court Of ChhattisgarhMCRC/668/2018allowed

Ranuwa @ Shakti Dewar v. State Of Chhattisgarh

2018-03-27Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 668 of 2018 • Ranuwa @ Shakti Dewar S/o Gopal Dewar Aged About 30 Years R/o Village Medha, Police Station Dongargarh, Tahsil Dongargarh, District Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Dongargarh, District Rajnandgaon, Chhattisgarh. ---- Respondent _____________________________________________________________ For Applicant :

Mr. Shikhar Bakhtiyar, Advocate.

For Respondent/State :

Mrs. Smita Ghai, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 27/03/2018

1. This is the first 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.306/2017 registered at Police Station- Dongargarh, District- Rajnandgaon(C.G.) for the offence punishable under Section 307 of the Indian Penal Code.

2. Learned counsel for the applicants submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 2.10.2017. No case is made out against him for the offence under Section 307 of IPC. After completion of investigation, charge-sheet has been filed. Hence, it is prayed that applicant be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

Page No.2

4. Heard both the parties and perused the case diary.

5. It is alleged that applicant caught hold of poisonous snake and he put it on the neck of Radheshyam Nishad and the complainant was bitten by that snake on his wrist of right hand. All of sudden stamped took place and the snake also has bitten one Nohar Yadav in the same incident. After lodging of FIR, the case has been registered against the applicant on the basis of the material that is present in the case diary, this appears to be the case of inadvertent act by the applicant, as the applicant has no criminal antecedents. For these reasons, I am of this opinion, that he should be enlarged on regular bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha