High Court Of ChhattisgarhMCRC/707/2016allowed

Lalchand @ Ramdev Baba v. State Of Chhattisgarh

2016-02-29Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.707 of 2016 Lalchand @ Ramdev Baba, S/o Nadhiya, aged about 42 years, R/o Village Devri, PS Dhourpur, Distt. Sarguja (CG) ---- Applicant

Versus

State of Chhattisgarh, Through the Station House Officer, Police Station Shankargar, Distt. Balrampur-Ramanujganj (CG) ---- Non-applicant For Applicant:

Mr. Jitendra Shrivastava, Advocate.

For Non-applicant:

Mr. Avinash Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 29/02/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.77/2015, registered at Police Station Shankargarh, Distt. BalrampurRamanujganj, for the offence punishable under Sections 294, 506B, 326 and 307 of the IPC.

2. Case of the prosecution, in brief, is that on 22-7-2015, the applicant assaulted Pankaj @ Golu by sword by which he suffered grievous injuries which were sufficient to cause death and also abused him filthily.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case, the injuries are simple in nature and offence Section 307 of the IPC is not attracted. The applicant is in jail since 31-7-2015 and charge-sheet has been filed.

4. On the other hand, learned State counsel opposes the prayer for bail made on behalf of the applicant.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, nature of injuries, pretrial detention, role of the applicant and the applicant is in jail since 31-7-2015, I consider it a fit case to enlarge the applicant on regular bail. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant 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.

Sd/- (Sanjay K. Agrawal) Judge Soma