Sanuj Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Sanuj Nishad, S/o. Jawahir Nishad, aged 32 years, R/o. Vill: Ghuturkundi, P.S. Pandariya Teh. Pandariya, Distt. Kabirdham (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through : Station House Officer, Pandariya, Distt. Kabirdham (C.G.) -----Non-applicant For Applicant:

Mr. Ajay Ayachi, Advocate.

For Non-Applicant/State:Mr. D.R. Minj, Dy. Govt. Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 4 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 28/2016 registered at Police Station Pandariya, Distt. Kabirdham (C.G.) for the offences punishable under Sections 294, 341 & 307 of Indian Penal Code.

(2) Case of the prosecution, in brief, is that on 24.01.2016 applicant assaulted victim Pardeshi Bai, by which she sufferred grievous injuries, which were sufficient to cause her death. (3) Learned counsel for the applicant submits that he has not committed any offence and he has been falsely implicated in the offence in question; injuries suffered by the victim are simple in nature and no useful purpose would be served in detaining him in

jail and, therefore, he may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; role of the applicant in the offence in question; pre trial detention and the injuries suffered by the victim are simple in nature; this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed. (6) Accused/applicant - Sanuj Nishad 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 to him by the said Court till disposal of the trial.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-