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High Court Of ChhattisgarhMCRC/3261/2021allowed

Vishal Kumar Sonjhari v. State Of Chhattisgarh

2021-06-25Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3261 of 2021 • Vishal Kumar Sonjhari S/o Shri Sahdev Prasad Aged About 26 Years R/o Village Kundhari, Police Station Janjgir, District Janjgir Champa Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Janjgir, District Janjgir Champa Chhattisgarh.

---- Respondent For Applicant.

:

Mr. Lavkush Kumar Sahu, Adv.

For Respondent/State :

Mr. B.P. Banjare, Dy.G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 25.06.2021

1. Heard.

2. Admit.

3. The applicant has filed this Second bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 247/2019 registered at Police Station : Janjgir, District Janjgir-Champa (C.G.) for the offence punishable under Section 304-B, 34 of the IPC.

4. The first bail application was dismissed on merit by this Court on 03.09.2020 passed in MCRC No. 4917/2020 on the ground of statements made by the brother and sister-in-law of the deceased against the applicant.

5. Learned counsel appearing on behalf of the would contend that the applicant has been falsely implicated in the crime in question. Referring to Annexure A/4 he next submitted that

the prosecution witnesses including brother, mother and sister-in-law of the deceased have been examined before the trial Court and they have not supported the prosecution case. The applicant is in jail since 11.05.2019, therefore, he may be released on bail.

6. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

7. I have heard learned Counsel for the parties.

8. Considering the facts and circumstances of the case, further considering the detention period of the applicant, without further commenting on merits of the case, I am inclined to release him on bail.

10. Accordingly, the bail application is allowed.

11. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one local surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge V/-