Janwari Sidar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.1358 of 2016 Janwari Sidar S/o. Sant Ram, aged about : 50 years, R/o. Amaldiha, Tahsil & Police Station : Sakti, Revenue and Civil District : JanjgirChampa (CG) ---Applicant

Versus

State of Chhattisgarh, Through : Police Station : Sakti, District : JanjgirChampa (CG) ---Non-applicant For Applicant :

Mr. D. Kushwaha, Advocate For Non-applicant :

Mr. S. Awasthy, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 15/03/2016 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.197/2015, registered at Police Station-Sakti, District-Janjgir-Champa (CG), for the offence punishable under Sections 307, 325, 294, 506 and 323 of the IPC. 2.

Case of the prosecution, in brief, is that on 25.7.2015 the applicant assaulted the victim by wooden stick, by which he suffered grievous injuries, which were sufficient to cause his death. 3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that injuries are simple in nature, the applicant is in jail since 19.8.2015 and charge-sheet has been filed.

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 nature and gravity of the offence, facts & circumstances of the case, role of the present applicant, his pre-trial detention and the fact that charge-sheet has already been filed, this Court is of the opinion that present is a 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 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 trial Court, for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) JUDGE B/-