High Court Of ChhattisgarhMCRC/2102/2021allowed

Neeraj Verma v. State Of Chhattisgarh

2021-07-09Hon'Ble The Acting Chief Justice3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Neeraj Verma S/o Hemlal Verma Aged About 26 Years R/o Village Girra, Police Station Palari, District (Revenue And Civil) Balodabazar Bhatapara Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Palari, District (Revenue And Civil) Balodabazar Bhatapara Chhattisgarh. ---- Respondent For Applicant :- Mr. Sumit Jhawar, Adv.

For Respondent-State :- Mr. Vikram Sharma, Dy.G.A.

Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 09/07/2021

1. The applicant has preferred this second bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.121/2020 registered in Police Station Palari, District (Revenue & Civil) - Balodabazar-Bhathapara C.G. for the offence punishable under Sections 147, 148, 307, 302/34, of the I.P.C. and Section 25 & 27 of the Arms Act.

2. The first bail application filed by the applicant was dismissed for want of prosecution.

3. The applicant along with co-accused has allegedly committed murder of Yuvakant Banjare when all of them had gone to purchase liquor and at the liquor shop at Palari some altercation took place between them.

4. Learned counsel for the applicant submits that there are two eye witnesses in the crime namely; Gulsher Khan and Durgesh Kumar Sen, however, both of them have not supported the prosecution when examined in Court. He would also submit that co-accused Dilip Verma, Ram Kumar Sharma, Sanjay Aadwani and Rahul Nirmalkar have alredy been released on bail in MCRC No.4747/2020, 5888/2020 and 7780/2020.

5. Learned State counsel would oppose the prayer for grant of bail.

6. Considering the fact that similarly placed co-accused have already been released on bail by this Court and for the fact that he is in jail since 14.3.2020 and the charge-sheet has already been filed, I am inclined to release the applicant on bail.

7. Accordingly, the second bail application is allowed and the

applicant is directed to be released on bail on executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

SD/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi