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High Court Of ChhattisgarhMCRC/3630/2018allowed

Bankeshwar v. State Of Chhattisgarh

2018-06-14Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3630 of 2018 • Bankeshwar S/o Shri Agam Sai Chakradhari Aged About 25 Years R/o- Village- Ulkiya (Thergapara) Police Station Sitapur, District- Surguja, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police Station- Sitapur, District- Surguja, Chhattisgarh. ---Non-applicant For Applicant :

Shri V.K. Pandey, Advocate For Non-applicant :

Shri Ravindra Agrawal,Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 14.06.2018 1.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 39 of 2018, registered at Police StationSitapur, District- Sarguja (CG), for the offence punishable under Section 307/34 of the IPC.

2.

Case of the prosecution, in brief, is that the applicant and the other co-accused caused grievous injury to the complainant- Somar Shumar Singh, which was sufficient to cause death, thereby, committed the offence.

3.

Learned counsel for the applicant would submit that the applicant has not committed the offence and he has falsely been

implicated in the crime in question. Charge-sheet has been filed. He is in custody since 04.03.2018.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case, nature and gravity of the offence, role of the applicant, pre-trial detention, I am of the opinion that present is a fit case for grant of regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

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

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) V. JUDGE kkd