Shiv Prasad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

Shiv Prasad, son of Ramnath, aged about 30 years, CasteRajwar, resident of Village-Singri, Police Station-Chandaura, Tahsil-Pratappur, District-Surajpur (C.G.) ---- Applicant

Versus

State Of Chhattisgarh, Through the Station House Officer, Police Station - Chandaura, District-Surajpur(C.G.) ----Respondent For Applicant:

Mr. D.N. Prajapati, Advocate.

For respondent/State:

Mr. Avinash Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 5 /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. 258/2006 registered at Police Station Chandaura, District- Surajpur for the offence punishable under Sections 452, 386, 392, 511 read with Section 34 of Indian Penal Code.

(2) After hearing learned counsel appearing for the applicant and taking into consideration the nature & gravity of the offence, facts & circumstances of the case; and the fact that as the applicant remained in jail in some other criminal case from 19.9.2014 to 14.09.2015, his non-appearance before the court below in the trial of Criminal Case No.293/2011 was unintentional and bonafide; and

also considering the fact that he is in jail since 8.3.2016 ; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

(3) Accused/applicant- Shiv Prasad 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/-