Ramayan Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2931 of 2015 Ramayan Yadav, aged about 23 years, S/o Budharu Yadav, R/o Daihanpara, Saddu, Police Station Pandri, Raipur, District Raipur (C.G.) ---- Applicant

Versus

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

Mr. C.R. Sahu, Advocate.

For Non-applicant:

Mr. Vivek Singhal, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 05/08/2015

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.88/2015, registered at Police Station Pandri, Raipur, Distt. Raipur, for the offence punishable under Section 307 of the IPC.

2. This is the second bail application filed on behalf of the applicant for grant of regular bail. First bail application has been dismissed as withdrawn vide order dated 11-5-2015 passed by this Court in M.Cr.C.No.1936/2015.

3. Case of the prosecution, in brief, is that the applicant assaulted victim Pooja Ratre on 29-3-2015 by which she suffered grievous injuries which were sufficient to cause death.

4. Learned counsel for the applicant submits that the applicant has not committed any offence, he has been falsely implicated in the crime and he is in jail since 30-3-2015. Charge-sheet has been filed on 1-6-2015 and no custodial interrogation of the applicant is required.

5. On the other hand, learned State counsel opposes the application and

submits that the injuries sustained by the victim were simple in nature but sufficient to cause death.

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

7. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, the fact that the applicant is a young man aged about 23 years, charge-sheet has already been filed and no custodial interrogation of the applicant is required, I am of the view that it is a fit case to grant regular bail to the applicant. Accordingly, the application is allowed.

8. It is, therefore, directed that the applicant 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 Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma