Beersing Jangde v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

7 7 of 2015 • Beersing Jangde, S/o. Ramcharan Jangde, aged about 27 years, R/o. Village-Bhejridih, Post-Bhaisa, Thana-Kharora, Distt. Raipur (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through-Police Station-Kharora, Distt. - Raipur (C.G.) ---- Non-applicant For Applicant:

Mr. Sameer Singh, Advocate.

For Respondent/State:

Mr. SRJ Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board / 1 0/2015 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. 175/2015 registered at Police Station Kharora, Distt. Raipur for the offences punishable under Sections 294, 323, 307, 147, 148 & 149 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant along with other two co-accused persons assaulted injured Pannalal by wooden sticks, axe and rod on 1.7.2015, by which he suffered grievous injuries, which were sufficient to cause his death. (3) Learned counsel appearing for the applicant would submit that the applicant is innocent person and he has falsely been

implicated in the crime in question. He would further submit that co-accused persons namely Tekram Jangde, Teekaram Jangde, Brijkishore Jangde, Ramcharan Jangde & Sitaram Jangde have already been granted regular bail by this Court vide order dated 05.10.2015 in M.Cr.C. No. 5281/2015 and, therefore, the present applicant may also be entitled for bail on the ground of parity. (4) On the other hand, learned counsel for the State, after verifying the records, would submit that present case is similar to that of accused persons, who have already been granted regular bail by this Court vide order dated 05.10.2015 in M.Cr.C. No. 5281/2015.

(5) Considering the totality of the facts, in particular the fact that co-accused persons have already been granted regular bail by this Court vide order dated 05.10.2015 in M.Cr.C. No. 5281/2015; applicant is in jail since 01.07.2015; this court is of the view that it is a fit case to release the applicants 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. Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-