Tokram Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4341 of 2015 Tokram Verma, S/o Late Paras Ram Verma, aged 25 years, R/o Vill. Jarti, P.S. Kawardha, Distt. Kabirdham (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, P.S. Kawardha, Distt. Kabirdham (C.G.) ---- Non-applicant For Applicant:

Mr. Ajay Ayachi, Advocate.

For Non-applicant:

Mrs. Madhunisha Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 01/09/2015

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.162/2015, registered at Police Station Kawardha, Distt. Kabirdham, for the offence punishable under Sections 294, 323, 506B & 307 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that on 14-6-2015, the applicant and three co-accused persons assaulted Sitaram, injured, by which he suffered grievous injuries, and also threatened and abused him.

3. Learned counsel for the applicant submits that the applicant has not committed any offense and he has been falsely implicated in the crime, in fact, on the report of the present applicant, offence has been registered against Sitaram, injured, and other persons which is the subject matter of FIR under Crime No.163/2015 registered at Police Station Kawardha and they are also facing trial for the offence punishable under Sections 294, 323, 506B & 325 of the IPC, and in which the present applicant and other accused persons suffered injuries which are sufficient to cause death. The present

applicant is in jail since 15-6-2015 and charge-sheet is yet to be filed.

4. On the other hand, learned State counsel opposes the application.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, registration of counter case against the injured person, nature of injuries, pre-trial detention of the applicant, role of the present applicant and the fact that charge-sheet is yet to be filed, I am of the view that it is a fit case to grant regular bail to the applicant. Accordingly, the application is allowed.

7. 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