Buddhu @ Sukhram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 1441 OF 2016 Buddhu @ Sukhram S/o Johansai aged about 36 years, R/o Village Mouhapara Ratanpur, Police Station Kapu, Tah. Dharamjaigarh, District Raigarh (C.G.) ---Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Kapu, District Raigarh (C.G.) ---Non-applicant For Applicant :

Mr. Amit Singh, Advocate For Non-applicant :

Mr. Adhiraj Surana, Dy. G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 16/03/2016 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. 84/2015, registered at Police Station Kapu District Raigarh (C.G.), for the offence punishable under Section 307/34 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that, on

18/09/2015 complainant was coming to his house, on the reason of previous enmity applicant along with co-accusd namely Bholaram assaulted Gopal Yadav by way of Tangi and club.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in this case. He would further submit that injuries are simple in nature. He would lastly submit that charge sheet has been filed and applicant is in jail since 19/09/2015 therefore, he may be released on bail.

4.

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

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; nature of injuries; role of the applicant; charge sheet has already been filed and applicant is in jail since 19/09/2015, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the 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. 9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Tiwari