Akshay @ Okhayao Pradhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C. No.4975 of 2018 Akshay @ Okhayo Pradhan S/o Showki Lal Pradhan, aged about 37 years, R/o Patan Dadar, Ward No. 06, Thana Sankra, District - Mahasamund (C.G.).

---Applicant

Versus

State of Chhattisgarh, Through The Police Station Thana Rajadevri, - District Baloda Bazar Bhatapara (C.G.).

- ---Respondent For applicant :

Deepak Jain, Advocate.

For resp./State :

Shri Syed Majid Ali, Dy.G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 31/08/2018 1.

The applicant has preferred this bail application under Section 439 of Cr.P.C. in connection with Crime No.59/2017 registered at Police Station Rajadevri, District Baloda Bazar Bhatapara (C.G.) for the offence - punishable under Sections 302 & 201/34 of IPC. 2.

Present applicant is in jail since 21/12/2017. 3.

Case of the prosecution against the present applicant, in brief, is that the present applicant along with other co-accused person being Madav Manjhi have assaulted the deceased Kailash on 17.12.2017 resulting in multiple injuries. The Kailash is said to have died on 19.12.2017 and the FIR in this regard was lodged on 20.12.2017.

4.

Learned counsel for the applicant would submit that except for the alleged memorandum statement of the co-accused Madav Manjhi who in his statement has stated that the present applicant was also along with him when they assaulted Kailash, there is no substantial material with which the present applicant can be made accused in the instant case. He further submits that none of the witnesses have given the statement against the present applicant and thus prayed for grant of bail to the applicant. 5.

On the other hand, learned State counsel would oppose the bail application and submits that there is statement of the father of the deceased Arjun Sahu wherein the name of the present applicant is also reflected and thus opposes the bail application.

6.

I have heard the counsel for either sides. Though the father of the accused has named the present applicant but from what sources he has come to know the involvement of the present applicant in the instant case is not reflected in his statement neither thus he say of having been informed by his son Kailash (deceased) in this regard. So far as the memorandum statement is concerned, the same by itself may not be a strong evidence with which the present applicant can be implicated as an accused. 7.

Given the facts and circumstances of the case this Court is of the opinion that strong case for grant of bail to the applicant is made out. 8.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

9.

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.

Sd/- (P. Sam Koshy) Sumit JUDGE