High Court Of ChhattisgarhMCRC/4405/2015allowed

Dhaja Ram Suryavanshi v. State Of Chhattisgarh

2015-08-31Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4405 of 2015 Dhaja Ram Suryavanshi, aged about 53 years, S/o Shri Manrakhan, R/o Village Khamtarai, P.S. Sarkanda, Bilaspur, District Bilaspur (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through P.S. Sarkanda, Bilaspur, Distt. Bilaspur (C.G.) ---- Non-applicant For Applicant:

Mr. S.K. Guha, Advocate.

For Non-applicant:

Mr. Anant Bajpai, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 31/08/2015

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.200/2015 (Criminal Case No.7111/2015 pending in the Court of Chief Judicial Magistrate, Bilaspur), registered at Police Station Sarkanda, Bilaspur, Distt. Bilaspur, for the offence punishable under Sections 294, 323, 506 & 326 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that on 24-5-2015, the applicant and other co-accused persons assaulted complainant Nirmala Suryavanshi and others by which one Manish suffered grievous injuries.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. The applicant is in jail since 26-5-2015 and charge-sheet has been filed.

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, facts and circumstances of the case, nature of injury, recovery made from the present applicant, pre-trial detention of the applicant and the fact that charge-sheet has been filed, I am of the view that it is a fit case to enlarge the applicant on regular bail. 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