Gokul Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2556 of 2018 Gokul Nishad, S/o Jhuru Nishad, Aged about 20 years, R/o Baghamunda, District Mungeli (C.G.) At present - Daldal Siwani, Shivaji Nagar, Near Kewal Kirana Stores, Police Station Mova Pandari, District Raipur (C.G.) ---- Applicant

Versus

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

Mr. Rohitashwa Singh, Advocate.

For Non-applicant/State :

Mr. Aand Dadaria, Dy. G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15/05/18 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.299/2017, registered at Police Station Mova Pandari, District Raipur (C.G.) for the offence punishable under Sections 307, 294, 323, 506, 147, 148 read with Section 149 of the IPC.

2.

Case of the prosecution, in brief, is that on 30-09-2017 on Dashera festival, the applicant along with seven persons assaulted complainants Lakki Yadav, Jeetram Dhiwar and Hirawan Dhruv by which they suffered grievous injuries which were sufficient to cause their death and thereby the applicant committed the aforesaid offence.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in crime in question, he is in jail 01-10-2017, chargesheet has been filed and co-accused Tikeshwar Sahu has been released on bail by order of this Court dated 06-03-2016 passed in M.Cr.C. No.218/2018, therefore, the applicant may be released on regular bail. 4.

On the other hand, learned counsel appearing for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties, considered rival submissions 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 the offence, role of the applicant, pre-trial detention, material available on record and coaccused Tikeshwar Sahu has been released on bail by order of this Court dated 06-03-2016 passed in M.Cr.C. No.218/2018, 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. It is directed that the applicant shall 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 trial Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge