Ravindra @ Ravi Banjari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3064 of 2020 • Ravindra @ Ravi Banjari S/o Shri Ram Banjari aged about 42 years, R/o Village Pavni Post Pavni, District Bhandara (M.H.) present address Vijay Ward No. 02 Panarapara Jagdalpur, P.S. Kotwali District Bastar (C.G.)_ (As per Challan).

---- Applicant

Versus

• State of Chhattisgarh Through the Police Station Parpa, District Bastar Chhattisgarh.

---- Respondent For Applicant.

:

Mr. P.K. Tulsyan, Advocate.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 22.06.2020

1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 32/2020 registered at Police Station : Parpa, District Bastar (C.G.) for the offence punishable under Sections 304 & 201 of the IPC.

2. As per prosecution case, the allegation against the present applicant is that he fence the electric wire without any safety signals to protect his wood kept in his field, due to that, son of the complainant came into the contact of electric wire and died.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He next

submits that the present applicant is not the owner of the field, he has taken the field in the lease agreement and he did not put any further set-up in the field. He does the work as given by the owner, therefore, no case may be made out against the present applicant. The applicant is in jail since 08.02.2020 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

4. On the other hand, State counsel strongly opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, as applicant is in jail since 08.02.2020 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

8. It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished

in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of in Re : Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (c) No. 1/2020), he need not furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks from today. Sd/- (Rajani Dubey) Judge Vijay Sahu