Raj Kumar Shrivas v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

• Raj Kumar Shrivas, S/o Balbachchan Shrivas, aged about 23 years, R/o- Bansant Colony near Malgodan, Ward No.-09, Roulkela, Police Station - Udit Nagar, Distt. Sundargarh (Odisa) ---- Applicant

Versus

• State Of Chhattisgarh Through: The Station House Officer, Police Station Sakti, Civil and Revenue District Janjgir-Champa (C.G.) ---- Non-applicant For Applicant:

Mr. Avadhesh Mishra, Advocate.

For Respondent/State:

Mr. Aditya Sharma, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 2 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 180/2015 registered at Police Station Sakti, Civil & Revenue District - JanjgirChampa for the offences punishable under Sections 294, 506, 323, 324 & 326 of the Indian Penal Code and Sections 25 & 27 of the Arms Act.

(2) Case of the prosecution, in brief, is that on 13.07.2015 applicant having consumed liquor assaulted his wife, father-in-law & mother-in-law by knife & gadasa, by which they suffered grievous

injuries which were sufficient to cause their death. (3) Learned counsel for the applicant submits that on account of some quarrel on domestic issue, the incident had occurred and, as such, there is no grievous injuries sufferred by the victims and the parties have compromised the matter. He further submits that applicant is in jail since 24.11.2015 and the charge sheet has already been filed and, therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; looking to the nature & gravity of the offfences; further considering his pre-trial detention and the charge sheet has already been filed; this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. (6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-