Amit Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1108 of 2019 • Amit Kumar S/o Sunil Kumar Aged About 32 Years R/o Village Santoshi Ward Jagdalpur, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Farasgaon, District Kondagaon Chhattisgarh, District : Kondagaon, Chhattisgarh ---- Non-applicant For Applicant : Shri P.K. Tulsyan, Advocate.

For Non-applicant : Shri Washim Miyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 25.02.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 08/2008 registered at Police Station - Farasgaon, District Kondagaon (C.G.) for the offence punishable under Sections 279, 337, 304(A) of the Indian Penal Code.

3. Case of the prosecution, in brief is that on 18.01.2008 applicant drove Scorpio rashly and negligently and caused death of deceased Khiwraj Jain. During the trial he was absent on 21.07.2009. On 29.11.2010 permanent arrest warrant was issued against the applicant. In compliance of the said warrant he was arrested and produced before the trial Court on 22.01.2019.

4. Learned counsel for the applicant submits that if need arises stringent conditions may be imposed upon applicant and he be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application.

6. Looking to these facts and circumstances of the case, It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he shall not leave territory of Chhattisgarh without obtaining prior permission of the concerned Court, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore