Ravi @ Ravindra Adil v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 2015 • Ravi @ Ravindra Adil, S/o Jagdish Adil, aged about 20 years, R/o Bhagat Singh Ward Bhatapara, Civil and Revenue District Baloda Bazar-Bhatapara, District Baloda Bazar-Bhatapara (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through: Station House Officer, police of Police Station -Bhatapara (Sahar), District - Baloda Bazar-Bhatapara (C.G.) ---- Non-applicant For Applicant:

Mr. Anil Gulati, Advocate.

For Respondent/State:

Mr. Neeraj Kumar Sharma, Deputy Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 2 2 /0 9 /2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 291/2015 registered at Police Station Bhatapara (Sahar), District Baloda Bazar-Bhatapara for the offences punishable under Sections 324, 307 read with Section 34 of the Indian Penal Code (As per charge sheet). (Though the charge under Section 307 of the Indian Penal Code framed against the applicant).

(2) Case of the prosecution, in brief, is that applicant & other co-accused persons assaulted Moin Khan @ Sonu by knife by which, he suffered four incised wounds, which were sufficient to cause his death.

(3) Learned counsel appearing form the applicant would submit that the applicant has been falsely implicated in the crime in question as he has not committed any offence. He would further submit that the applicant is in jail since 04.02.2015; charge sheet has already been filed; and the trial is on advance stage and, therefore, the applicant may be released on bail. (4) On the other other hand, counsel for the State opposes the bail application.

(5) Considering the totality of the facts, in particular, the facts that applicant is in jail since 04.02.2015; charge sheet has already been filed; and the trial is on advance stage; this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

(6) Accused/applicant is directed to be released on bail on his 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. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (Sanjay K. Agrawal) Judge D/-