Santosh @ Sandeep Kumar Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.4386 of 2015 Santosh @ Sandeep Kumar Verma S/o Late Baldau Prasad Verma, aged about 35 years, R/o Village - Jalso Bhuribhatha, Police Station-Koni, Civil and Revenue District -Bilaspur (CG) ---Applicant

Versus

State of Chhattisgarh, Through-Station House Officer, Police StationChakarbhatha, District Bilaspur (CG) ---Non-applicant For Applicant :

Mr. Dharmesh Shrivastava, Advocate For Non-applicant :

Mr. S.R.J.Jaiswal, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 31/08/2015 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.136/2015, registered at Police StationChakarbhatha, District Bilaspur (C.G.), for the offence punishable under Sections 147, 148, 149, 294, 506 and 307 of the IPC. 2.

Case of the prosecution, in brief, is that the present applicant along with other four co-accused persons is alleged to have caused injuries to Kukku Ajmani on 2.5.2015, by which he suffered grievous injuries, which were sufficient to death 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 injuries were caused by co-accused Anand Adholiya, the present applicant has not caused any injury and no recovery has been made from the present applicant, he is in jail since 2.5.2015

and charge-sheet has already been filed, therefore, he may be enlarged on bail. 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 and circumstances of the case; further taking into consideration the nature and gravity of offence; the injuries said to have been caused by co-accused Anand Adholiya, role of the present applicant and his pre-trial detention, 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 applicant shall be released on bail on 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.

9.

Certified copy as per rules.

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