Bheleshankar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

Bheleshankar, S/o Ramlakhan Bargah; aged about - 25 years; R/o Village- Devgarh (Patelpani); Police Station - Sitapur; District - Surguja (C.G.) ---- Applicant

Versus

State Of Chhattisgarh, Through: Police Station- Sitapur; District - Surguja (C.G.) ---- Non-applicant For Applicant:

Mr. S.D. Singh, Advocate.

For Non-applicant/State:Mr. Neeraj Kumar Sharma, Dy. Govt. Advocate for the State.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 2 0 /0 4 /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. 03/2016 registered at Police Station Sitapur, District Surguja for the offences punishable under Sections 304 & 201/34 of Indian Penal Code and Section 135 of the Electricity Act. (2) Case of the prosecution, in brief, is that applicant and other co-accused persons had spread live electric wire to hunt wild pig without authority of law and Timna (since deceased) came into contact with live electric wire and electrocuted and, thereafter, he has caused disappearance of evidence of the offence.

(3) Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the offence in question as he has not committed any offence. He further submits that applicant is in jail since 4.1.2016; and the charge sheet has already been filed and, therefore, the applicant may be released on bail.

(4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; looking to the nature & gravity of the offence; role of the applicant in the offence in question; further considering his pretrial detention and that the charge sheet has already been filed; 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. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-