Dhruw Kumar Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Dhruw Kumar Singh, S/o Manohar Singh, Age 52 years, R/o Kenapara (Bhaiya Than), District Surajpur (C.G.), Presently R/o Gram Namnakal, District Ambikapur Sarguja (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through : P.S. Pondi, District Koria (C.G.) -----Non-applicant For Applicant:

Dr. N.K. Shukla, Senior Advocate with Shri Arvind Singh, Advocate.

For Non-applicant /State: Mr. Avinash Singh, PL for the State. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 3 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 113/2016 registered at Police Station Pondi, District Koria for the offences punishable under Sections 294, 506, 342, 186, 353, 334 and 333 of Indian Penal Code.

(2) Case of the prosecution, in brief, is that on 18.9.2015 applicant assaulted the complainant by hand, fist and leg and thereby interfered with the governmental job. (3) Learned Senior Counsel appearing for the applicant would submit that applicant, who is working as Executive Engineer at

Municipal Corporation, Chirmiri, has been falsely implicated in the offence in question as he has nothing to do with the same. He further submits that applicant is in detention since 4.2.2016 and no useful purpose would be served in further detaining him in jail and therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State submits that complainant has suffered grievous injuries and, therefore, the applicant is not entitled to be released on bail. (5) Taking into consideration the facts & circumstances of the case; further considering the dispute between the parties; his pre-trial detention; charge sheet has already been filed and no custodial interrogation is required; this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the bail application is allowed.

(6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (Sanjay K. Agrawal) Judge D/-