Vikas Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4153 of 2015 Vikas Verma, S/o Dilip Verma, aged about 21 years, R/o Subhash Chowk, Bhilai-3, Tasil Patan, District Durg (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Bhilai3, District Durg (C.G.) ---- Non-applicant For Applicant:

Mr. B.P. Singh, Advocate.

For Non-applicant:

Mrs. Madhunisha Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 09/09/2015

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.58/2015 {ST No.45/2015 pending in the Court of Additional Sessions Judge, Durg}, registered at Police Station Bhilai-3, Distt. Durg, for the offence punishable under Sections 294, 506B, 323, 147, 148 & 307 read with Section 149 of the IPC.

2. This is the second bail application filed on behalf of the applicant for grant of regular bail. First bail application has been dismissed as withdrawn with liberty to file the same after examination of material prosecution witnesses, by order dated 15-4-2015 passed by this Court in M.Cr.C.No.1575/2015.

3. Case of the prosecution, in brief, is that the applicant along with two other co-accused persons assaulted the complainants by hammer and iron rod and by which they suffered grievous injuries sufficient to cause death.

4. Learned counsel for the applicant submits that complainant Monu Jaiswal has been examined and he has not supported the case of the prosecution.

The applicant is in jail since 6-2-2015.

5. On the other hand, learned State counsel opposes the application.

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

7. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the present applicant, medical evidence and statements of the witnesses, I am of the view that it is a fit case to grant regular bail to the applicant. Accordingly, the application is allowed.

8. 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