Nimai Barai v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6011 of 2015 Nimai Barai S/o Rajendra Barai Aged About 40 Years R/o Gandhi Ward P.S. Kondagaon Civil & Revenue District Kondagaon Chhattisgarh ---- Applicant
Versus
State Of Chhattisgarh Through : The Police Station Kondagaon, District Kondagaon Chhattisgarh ---- Respondent For applicant - Shri P.K. Tulsiyan, Advocate. For Respondent/State - Shri Arvind Shukla, PL. Hon'ble Shri Justice Goutam Bhaduri Order 16/11/2015 1.
The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 234/2009 registered in Police Station Kondagaon, District Kondagaon for offence punishable under section 294, 324, 506(B) & 326 of IPC.
2.
It is a case of bail jump. Order sheet as reveals applicant was granted bail on 12/11/2009 by the sessions court and thereafter case was pending before the court below and on 30/07/2014 he remained absent as such arrest warrant was issued. He was arrested on 11/09/2015 and thereafter he in jail since then.
3.
Learned counsel for the applicant submits that applicant has attended all the dates of hearing from 2009 to 2014 and there is no
deliberate omission of appearance. Learned counsel submits that considering the nature, applicant may be released on bail. 4.
Learned State counsel opposes the prayer for grant of bail. 5.
Having regard to the facts of this case, applicant was granted bail in the year 2009 and for the first time he remained absent on 30/07/2014 and he was arrested on 11/09/2015, considering the detention that he is in jail since 11/09/2015, this court is inclined to release the applicant on bail. 6.
Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.
Sd/- (Goutam Bhaduri) JUDGE gouri