Akash Lalpure @ Akku v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 1942 OF 2016 Akash Lalpure @ Akku S/o Rajkumar Lalpure aged about 19 years Residing of Bapu Upnagar Near Sharda Mandir Bilaspur P.S. Torwa Revenue and Civil District Bilaspur (C.G.) ---Applicant

Versus

State of Chhattisgarh, Through The Police Station Torwa, District Bilaspur (C.G.) ---Non-applicant For Applicant :

Mr. Praveen Kumar Tulsyan, Advocate For Non-applicant :

Mr. Dilmanrati Minj, Dy. G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 11/04/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 306/2015, registered at Police Station Torwa, District Bilaspur (C.G.), for the offence punishable under Sections 294, 323, 506(B), 307 and 34 of I.P.C. 2.

Case of the prosecution, in brief, is that, on

14/11/2015 present applicant and three other co-accused assaulted victim Vijay by Sword by which he suffered grievous injuries which was sufficient to cause death. 3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in this case. He would further submit that injuries are simple in nature. He would lastly submit that charge sheet has been filed and applicant is in jail since 29/02/2016 therefore, he may be released on bail.

4.

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

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; nature of injury; pretrial detention of the applicant and charge sheet has already been filed, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail. 7.

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

8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Tiwari