Jimesh v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6004 of 2018 • Jimesh S/o Anand Suryavanshi, Aged About 22 Years, R/o Satnami Mohalla, Chingrajpara, Thana Sarkanda, Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Sarkanda, District - Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh ----Non-applicant For Applicant - Mr. V.R. Tiwari, Advocate.

For Non-applicant/State -Ms. Madhunisha Singh, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 01-10-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is second bail application before this Court filed by the applicant for grant of regular bail. His first bail application was rejected on merits. The applicant has been arrested on 08-08-2017 in connection with Crime No.438/2017 registered at P.S. - Sarkanda, District : Bilaspur, Chhattisgarh for the offence under Section 341, 147, 148, 149, 294, 323, 325 & 326 of the IPC. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 08-08-2017. No case is made out against this applicant. The change that has taken place is this, that the witnesses who have been examined before the Court have not stated anything against this applicant. Hence, it is prayed that this applicant may be granted regular bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the documents. 5.

The earlier application MCRC No.6846/2017 in respect of this applicant was dismissed on merits on 15-01-2018 for the reason that this applicant

-2appears to be the main assailant who had stabbed the complainant/victim with sharp sickle. Perused the certified copy of the deposition of the witnesses. The victim himself has given statement before the Court that this applicant was not the person who has stabbed him and the other witnesses have not supported the prosecution case. Hence, after due consideration, I feel inclined to allow this application.

6.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 Court, for his appearance as and when directed. 7.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil