Narendra Gond v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 2015 Narendra Gond, S/o. Pitamber Singh, aged about 18 years, Resident of village Jevra, Police Station & Post Seepat, Tahsil Masturi, Civil and Revenue District Bilaspur (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through: The Station House Officer, Police Station Seepat, Civil and Revenue District Bilaspur (C.G.) ---- Non-applicant And MCRC No.

of 2015 Rajendra Gond, S/o. Vishambhar Gond, aged about 23 years, Resident of village Jevra, Police Station & Post Seepat, Tahsil Masturi, Civil and Revenue District Bilaspur (C.G.) ---- Applicant

Versus

State Of Chhattisgarh Through: The Station House Officer, Police Station Seepat, Civil and Revenue District Bilaspur (C.G.) ---- Non-applicant For Applicants:

Shri Shushobhit Singh, Advocate.

For Respondent/State:

Shri Anupam Dubey, Dy. Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 9 /2015 Heard.

(1) Above mentioned two bail applications filed under Section 439 of the Code of Criminal Procedure arise out of a common

Crime No.137/2015, registered at Police Station Seepat, Civil and Revenue District - Bilaspur, for the offences punishable under Sections 294, 323, 506, 307/34 of the Indian Penal Code, therefore, they are being heard analogously and decided by this Common Order.

(2) Case of the prosecution, in brief, is that on 14.07.2015 about 7.30 pm applicants assaulted victim/injured Goutam Gond by knife, by which, he sufferred grievous injuries which were sufficient to cause his death.

(3) Counsel for the applicants submits that applicants have been falsely implicated in the offence in question as they have not committed any offence. It is the co-accused Ajay Gond, who has assaulted the victim/injured by knife and, as such, there is no allegation of causing injuries to the victim by knife against the present applicants; and they are in jail since 17.07.2015 and, therefore, the applicants may be released on bail. (4) On the other hand, counsel for the State submits that present applicants have assaulted the victim by wooden stick and hand & fist and the injuries sufferred by the victim by knife. (5) Taking into consideration the facts & circumstances of the case and the role of the present applicants in the offence in question; considering the fact that no recovery has been made from the present applicants; further considering their pre-trial detention and the fact substantial investigation has already been

made; this court is of the view that it is a fit case to release the applicants on bail. Accordingly, the application is allowed. (6) Accused/applicants- Rajendra Gond & Narendra Gond are directed to be released on bail on each of them 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. They are directed to appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

Certified copy as per rules.

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