Teklal Jangde v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.3010 of 2015 Teklal Jangde, S/o Punnidas, aged about 45 years, R/o Village Chhata, Police Station Lalpur, Tahsil & Distt. Mungeli (CG) ---- Applicant

Versus

State of Chhattisgarh, Through the Station House Officer, Police Station Lalpur, Distt. Mungeli (CG) ---- Non-applicant For Applicant:

Mr. B.D. Guru, Advocate.

For Non-applicant:

Mrs. Madhunisha Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 12/08/2015

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.183/2014 {ST No.12/2015 pending in the Court of Additional Sessions Judge, Mungeli}, registered at Police Station Lalpur, Distt. Mungeli, for the offence punishable under Sections 294, 506, 349, 323 and 307 of the IPC.

2. This is the second bail application filed on behalf of the applicant for grant of regular bail. First bail application was dismissed on merits, on 9-3-2015 by this Court in M.Cr.C.No.963/2015 and thereafter, challan was filed on 18-32015 and the instant second bail application is being entertained in view of filing of challan.

3. Learned counsel for the applicant submits that complainant Munni Bai, her son Mevan Kumar and her husband Mangal have been examined, they have

not supported the case of the prosecution and they have been declared hostile by the prosecution. The applicant is in jail since 22-9-2014. In view of the evidences of the complainant and injured persons in which they have not supported the case of the prosecution and considering the long detention of the applicant in jail, the applicant be granted regular bail.

4. On the other hand, learned State counsel opposes the application.

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

6. Taking into consideration the nature and gravity of offence, evidences of the prosecution witnesses, pre-trial detention of the applicant, the fact that now charge-sheet has been filed and that the complainant and two injured persons namely Mevan Kumar - son of the complainant & Mangal - husband of the complainant have already been examined and taking into consideration their evidences, I am of the view that it is a fit case to grant regular bail to the applicant. Accordingly, the application is allowed.

7. It is, therefore, directed that the applicant 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 Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Soma