Ramashankar Baiga v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.2185 of 2016 Ramshankar Baiga S/o Sahdev Baiga, aged about 23 years, R/o Village Pondi P.S. Seepat, Dist. Bilaspur (CG) ---Applicant

Versus

State of Chhattisgarh Through-P.S. Seepat, Dist. Bilaspur (CG) ---Non-applicant For Applicant :

Mr. Amit Kumar, Advocate For Non-applicant :

Mr. O.P.Sahu, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 26/04/2016 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.295/2015, registered at Police Station-Seepat, District-Bilaspur (CG), for the offence punishable under Sections 294 and 307/34 of the IPC. 2.

Case of the prosecution, in brief, is that on 6.12.2015 the applicant along with co-accused person assaulted Lakheshwar by knife, by which he suffered grievous injury which was sufficient to cause his death.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that the applicant is in jail since 6.12.2015 and co-accused Sahdev Baiga has been enlarged on bail by this Court vide order dated 17.3.2016 in

M.Cr.C.No.1638 of 2016.

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 & circumstances of the case, nature & gravity of the offence, role of the present applicant and the fact that co-accused has been released on bail, this Court is of the opinion that present is a 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 the applicant shall be released on bail on his 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.

Sd/- (Sanjay K. Agrawal) JUDGE B/-