Shankar Pradhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.2022 of 2016 Shankar Pradhan S/o Panchulal Pradhan (Kolta), aged about 45 years, R/o Bilaikhurd, and presently R/o Chopda Colony, Vishrampur, Tahsil & Dist.Surajpur (CG) ---Applicant

Versus

State of Chhattisgarh, Through the Station House Officer, Police Station AJK, Surajpur, Dist. Surajpur (CG) ---Non-applicant For Applicant :

Mr. Jitendra Shrivastava, Advocate For Non-applicant :

Ms Ashtha Shukla, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 18/04/2016 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.288/2015, registered at Police Station-AJK, Surajpur, Distt.Surajpur (CG), for the offence punishable under Sections 450 & 307 of the IPC and Section 3 (2-5) of the Atrocities Act.

2.

Case of the prosecution, in brief, is that the applicant said to have caused grievous injuries by knife and thermal cutter to complainant Kavita by which she suffered grievous injuries which were sufficient to cause her 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 there is some dispute about loan with the complainant, the applicant is in jail since 13.12.2015 and charge-sheet has already been filed. The applicant has also also consumed poison on account of frustration. He is an employee of Central Bank of India, therefore, he may be released on bail. 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 facts & circumstances of the case, nature & gravity of the offence, role of the present applicant, his pre-trial detention and nature of injuries, 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/-