Umesh Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 4872 OF 2015 Umesh Kashyap S/o Farguddi Kashyap aged about 25 years Near Mahman Kool Depot Shastri Nagar Camp-1 Bhilai P.S. Chhawni Tahsil and District Durg (CG).

---Applicant

Versus

State of Chhattisgarh, Through District Magistrate Durg (CG) Police Station Chhawni District Durg (CG) ---Non-applicant For Applicant :

Mr. Rajesh Jain, Advocate For Non-applicant :

Mr. Arvind Dubey, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 21/09/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 397/2015, registered at Police Station Chhawni, District Durg (CG), for the offence punishable under Sections 294, 506, 324, 459 and 307/34 of the Indian Penal Code. 2.

Case of the prosecution, in brief, is that applicant and five other coaccused persons entered into the house of complaint Ram Kumar on 20/07/2014 and caused grievous injury by axe, which was sufficient to cause his death and thereby committed aforesaid offence. 3.

Learned counsel for the applicant would submit it is co-accused Kishan who has been assaulted the complainant by axe and the axe has been recovered from the possession of co-accused Kishan. He would further

submit that applicant neither assaulted the complainant nor any weapon has been seized from his possession. He would lastly submit that charge sheet has been filed and applicant is in jail since 22/07/2015, therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; role of the applicant in offence in question; recovery of axe from the possession of coaccused Kishan; charge sheet has already been filed and pretrial detention of the applicant from 22/07/2015, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail. 7.

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

8.

It is directed that applicant shall be released on bail on 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.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari