Sagram Shori v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3714 of 2016 • Sagram Shori S/O Late Jugdev Shori Aged About 45 Years R/O Village Danwarkhar P.S. Kanker Revenue & Civil District North Bastar Kanker Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through : The Police Station Kanker District North Bastar Kanker Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. P.K. Tulsiyan, Advocate For Respondent/State :

Mr. O.P. Sharma, Govt. Advocate.

-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 14.07.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 4-4-2016 in connection with Crime No. 104 of 2016, registered at Police Station Gandal, District Rajnandgaon (CG) for the offence punishable under Section 302 of the IPC. 2.

As per prosecution case, on 3-4-2016 at about 10.00 pm., the applicant had assaulted the deceased who is real brother of the applicant with wooden handle of the axe as a result of which he died.

3.

Learned counsel appearing for the applicant would submit that the way of accident had happened that the deceased was real brother of the applicant and Bahur Singh Shori and after consuming liquor he was pelting stones on them, thereafter he tried to assaulted them and at that time the applicant with handle of wooden axe assaulted the deceased as a result of which he died, therefore, it

would not amount to murder. He would further submit that the charge-sheet has been filed in this case, the applicant is in jail since 4-4-2016 and no further investigation is required, therefore, he may be released on bail.

4. On the other hand, learned State counsel opposes the prayer for grant of bail 5.

I have heard learned counsel for the parties and have also perused the case diary and the documents.

6.

Perused the statement of the eye-witness Bahur Singh Shori which would show that the deceased, who was real brother of eyewitness Bahur Singh Shori and the applicant, attacked him, the applicant and other inmates.

7.

Taking into consideration the totality of the circumstances, nature of allegation leveled against the applicant and considering the statement of the eye-witness and background of the case, without any observation on the merits of the case, I am inclined to release the applicant on bail.

8.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and 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. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju