Bhupendra Verma v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3709 of 2020 • Bhupendra Verma S/o Late Banas Verma Aged About 21 Years R/o Village Paragaon Khurd, Tahsil/thana - Dongargarh, District Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

• The State Of Chhattisgarh Through Police Station Dongargarh, District Rajnandgaon, Chhattisgarh.

---- Respondent For Applicant.

:

Mr. Samir Singh, Advocate.

For Respondent/State :

Mr. Raghvendra Verma, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 16.07.2020

1. Heard on admission.

2. Admit.

3. 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. 75/2020 registered at Police Station : Dongargarh, District Rajnandgaon (C.G.) for the offence punishable under Sections 294, 506 & 302 of the IPC.

4. In this case, the present applicant is cousin of the deceased and as per the prosecution case, the allegation against the present applicant is that on 10.02.2020 at about 6.30 PM, he assaulted the deceased with the fist and hand due to that on the next day he had to admit in the hospital where he was declared dead. Based on that, offence has been registered against the applicant and the applicant was arrested.

5. Learned counsel for the applicant submits that the applicant

has been falsely implicated in the crime in question. Counsel for the applicant further submitted that there was a previous family dispute between them and on the date of incident the deceased was in the state of intoxication and suddenly they started quarreling and fighting with one another. He also added that as per medical report there was only abrasion on the decease's neck and face. As applicant is in jail since 13.02.2020, therefore, he may be released on bail.

6. On the other hand, State counsel strongly opposes the bail application and submits that as per the post mortem report, the cause of death was shock due to multiple injuries.

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

8. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and the detention period of the applicant, as 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.

9. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- 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. Sd/- (Rajani Dubey) Judge Vijay Sahu