Devraj v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No. 3132 OF 2015 Devraj S/o Rajkumar, aged about 19 years, Caste Satnami, R/o Village Nariyara, Police Station Hasaud, Civil and Revenue District Janjgir-Champa Chhattisgarh ---Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Hasaud, District Janjgir Champa (C.G.) ---Non-applicant For Applicant :

Mr. Dharmesh Shrivastava, Advocate For Respondent :

Mr. Vivek Singhal, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 07/07/2015 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. 78/2015, registered at Police Station Hasaud, District Janjgir Champa (C.G.), for the offence punishable under Sections 294, 323, 324, 506, 326 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that present applicant said to have caused grievous injury to the complainant- Dr. Dev Prasad on 24/05/2015.

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 applicant is in jail since 27/05/2015 therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State would oppose the bail application and submit that injuries are grievous in nature as complainant suffered fracture.

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 and pretrial detention of the applicant, 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