Ganesh Bachami v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Ganesh Bachami S/o Late Shri Ugale Bachami Aged About 32 Years R/o Village- Koti Road Kiyar Bhamrad, DistrictGarhchirouli (Maharashtra) ---- Applicant

Versus

• The State Of Chhattisgarh Through The Station House Officer, Police Station- Bande, District- North Bastar Kanker, Chhattisgarh ---- Respondent For Applicant :- Mr. Sunil Sahu, Advocate For Respondent-State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 31/08/2020

1. Heard.

2. The applicant has preferred this application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.17/2016 registered in Police Station Bande Distt. North Baster Kanker C.G. for the offence punishable under Sections 452, 307, 120B, 147, 148, 149 of the I.P.C. and Section 25, 27 of the Arms Act.

3. Case of the prosecution, in brief, is that the applicant along

with four other accused persons namely; Parasuram Panwar, Madhukar Mandavi, Doge Ram Podadi and Arsu Ram Pawar has hatched conspiracy to commit murder of victim - Santram Pawar. Co-accused - Parasuram Panwar engaged other co-accused to commit murder of Santram Pawar for ₹50,000/- and paid advance amount of ₹10,000/- to other accused persons who assaulted the victim and caused injuries over his left forearm, left elbow, front of neck, left angle of mouth, right clavicle region, right thumb and left middle finger by means of knife.

4. Co-accused - Parasuram Panwar has been released on bail vide order dated 11/08/2017 in MCRC No.4548/2017 observing that he is in jail since 04 months and 18 days. Although, when the charge sheet was filed against other accused persons, the present applicant was shown absconding and he was arrested later on 17.10.2019 but as on date he has already completed about 9 1⁄2 months of incarceration.

5. Learned State counsel would oppose the prayer for grant of bail.

6. Considering all relevant aspects of the matter including the period of pretrial detention and for the fact that co-accused has already been granted bail by this Court, the present applicant deserves to be released on bail.

7. Accordingly, the bail application filed under Section 439 of

the Cr.P.C. is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of ₹50,000/- with one local surety for the like amount 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/- (Prashant Kumar Mishra) Judge Ayushi