High Court Of ChhattisgarhMCRC/7987/2021allowed

Digesh Thakur v. State Of Chhattisgarh

2021-10-28Hon'Ble Shri Justice Deepak Kumar Tiwari2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7987 of 2021

1. Digesh Thakur, S/o Shri Dhaniram Thakur, aged about 22 years, R/o Village Gohena Bahara, P.S. Komakhan, District Mahasamund (CG) (wrongly mentioned as Ghoinabahra in ordersheet) ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Dharsiwa, Raipur, District Raipur (CG) ---- Non-Applicant For Applicant : Shri Pragalbha Sharma, Advocate.

For Non-Applicant : Shri H.S. Ahluwalia, Deputy AG.

Hon'ble Shri Deepak Kumar Tiwari, J Order On Board /10/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.452/2020 registered in Police Station Dharsiwa, District Raipur for offence under Section 302/34 of the IPC and Sections 25 & 27 of the Arms Act.

2. Case of the prosecution, in brief, is that on the occasion of Navratri, Ramlila was organized at village Devri where the accused persons were taking photographs of the girls and women. Deceased Bhanupratap Verma stopped the accused persons from taking photographs. The accused persons being annoyed started beating the deceased and one accused Taturam Vishwakarma took out a knife and stabbed the deceased.

3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case. The applicant has not committed any offence. The applicant is in jail since 27.10.2020.

4. On the other hand, learned State Counsel opposes the bail application.

5. Considering the facts and circumstances of the case, the role played by the applicant, the nature of evidence and the fact that he is in jail for the last one year, this Court is inclined to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.10,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- (Deepak Kumar Tiwari) Judge Barve