Balram Sonwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

2 237 of 201 Balram Sonwani, S/o Faguram Sonwani, aged about 19 years, R/o Village Bairagpara Ward No. 12, Pandariya, Nagar Panchayat Pandariya, District - Kabirdham (C.G.) ---- Applicant

Versus

State Of Chhattisgarh, Through the Police Station Pandatarai, District Kabirdham (C.G.) ---- Non-applicant For Applicant : Mr. A.K. Yadav, Advocate. For Non-applicant/State:Mr. Suvigya Awasthy, Panel Lawyer. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 5 /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. 30/2016 registered at Police Station Pandatarai, District - Kabirdham for the offence punishable under Sections 457 read with Section 34 of Indian Penal Code.

(2) Case of the prosecution, in brief, is that on 19.03.2016 applicant along with other co-accused persons trespassed into the house of complainant in the night and thereby committed the aforesaid offence.

(3) Counsel for the applicant submits that 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 20.03.2016; and the charge sheet has already been filed and, therefore, applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the nature & gravity of the offence; facts and circumstances of the case; nature; and the fact that 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 - Balram Sonwani 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/-