Kangalu And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 1472 OF 2016 1.

Kangalu S/o Ram Singh aged about 55 years 2.

Dev Singh S/o Kangalu aged about 26 years 3.

Hira Ram S/o Kangalu aged about 28 years All by caste Kanwar R/o village Mura P.S. Bhupdevpur and Tahsil Kharsiya District Raigarh C.G.

---Applicants

Versus

State of Chhattisgarh through Station House Officer P.S. Bhupdevpur District Raigarh ---Non-applicant For Applicants :

Mr. F.S. Khare, Advocate For Non-applicant :

Mr. Adhiraj Surana, Dy. G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 16/03/2016 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 applicants who have been arrested in connection with Crime No. 224/2015, registered at Police Station Bhupdevpur District Raigarh (C.G.), for the

offence punishable under Section 307, 34 of I.P.C. 2.

Case of the prosecution, in brief, is that, applicants assaulted the victim Janki by deadly weapon on 13/11/2015 by which she suffered grievous injury and thereby committed aforesaid offence.

3.

Learned counsel for the applicants would submit that applicant have not committed any offence and have been falsely implicated in the case. He would further submit that injuries are simple in nature. He would further submit that applicants are in jail since 21/11/2015, therefore, they may be released on bail.

4.

On the other hand, learned State counsel would oppose the prayer for grant of bail.

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; role of the present applicants in offence in question; nature of injuries

and pretrial detention of the applicants, this Court is of the opinion that present is the fit case, in which, applicants should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Code of Criminal Procedure is allowed. 8.

It is directed that applicants, namely, Kangalu, Dev Singh and Hira Ram, shall be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court. Applicants shall appear regularly before the Investigating Officer/concerned trial Court. 9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Tiwari