High Court Of ChhattisgarhMCRC/1247/2016allowed

Dilip Nagwanshi v. State Of Chhattisgarh

2016-03-09Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Dilip Nagwanshi, S/o Dhir Sai Nagwanshi, aged about 35 years, Occupation Labor, R/o Village-Bagudega, P.S. Lailunga, Tah. Gharghora, District. Raigarh (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through : Station House Officer, Police Station Lailunga, Distt. Raigarh (C.G.) -----Non-applicant For Applicant:

Mr. M.K. Jaiswal, Advocate For Non-applicant /State: Mr. Adhiraj Surana, Dy. GA Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 3 /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.55/2011 registered at Police Station - Lailunga, Distt. Raigarh for the offence punishable under Sections 306 of the Indian Penal Code.

(2) Applicant was granted regular bail by the Court of Session on 16.11.2011. After grant of bail, he did not appear before the Court on 27.07.2012 and, therefore, permanent warrant of arrest has been issued against him on 27.12.2013 and he has been arrested on 7.11.2015

(3) Learned counsel for the applicant submits that only for one date i.e. 27.7.2012 he jumped out the bail and, as such, the applicant may be released on bail.

(4) Per contra, counsel for the State opposes the bail application.

(5) After hearing learned counsel appearing for the parties and considering the reason assigned by the applicant and considering the fact that applicant is in jail since 7.11.2015; 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/-