Suresh Sidar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3003 of 2018

1. Suresh Sidar S/o Awadh Ram Sidar Aged About 22 Years Caste Gond, R/o Village Bamhanpali, Tahsil, Police Station Kharsiya, District Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Kharsiya, District Raigarh, Chhattisgarh ---- Respondent For Applicant :

Shri F.S. Khare, Advocate For Respondent/State :

Shri Gary Mukhopadhyay, G.A. for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 28/05/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 29.03.2018 in connection with Crime No. 179/2018 registered at Police Station Kharsiya, District- Raigarh (CG) for the offence punishable under Section 304 of the IPC.

2. As per the prosecution case, on 29-03-2018, the Applicant was riding a motorcycle in drunken condition rashly and negligently and dashed the deceased.

3. Learned Counsel for the Applicant submits that the alleged accident was not caused by the applicant deliberately. He has been falsely implicated in the case. He is in jail since 29.03.2018. Therefore, he may be released on bail.

4. Learned Counsel for the State opposes the bail application.

5. Perused the case diary and the statements. Considering the fact that charge-sheet has been filed and the applicant is in jail since 29.03.2018, I am inclined to release him on bail.

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

Sd/- (Goutam Bhaduri) Vacation Judge Shubham