Maan Das v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 5429 OF 2015 Maan Das S/o Shri Bhukhan, aged about 75 years, Caste Satnami, R/o Village Kharaga, Police Station & Tahsil Takhatpur, Civil & Revenue District Bilaspur (C.G.) ---Applicant

Versus

State of Chhattisgarh, Through : The Station House Officer, Police Station Takhatpur, Civil & Revenue District Bilaspur (C.G.) ---Non-applicant For Applicant :

Mr. Paras Mani Shriwas, Advocate For Non-applicant :

Mr. Arvind Dubey, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 12/10/2015 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. 207/15, registered at Police Station Takhatpur District Bilaspur (C.G.), for the offence punishable under Section 307 of the Indian Penal Code.

2.

Case of the prosecution, in brief, is that, on 28/07/2015 present applicant assaulted Shukhru Navrang by Kudali, (agricultural instrument) by which he suffered grievous injury which was sufficient to cause death and thereby committed aforesaid offence.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in offence in question. He would further submit that applicant is in jail since 30/07/2015

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; nature of injury; substantial investigation has already been completed and applicant is in jail since 30/07/2015, 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 trial Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari