Deepak Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5626 of 2019 • Deepak Soni S/o Lakshman Soni Aged About 32 Years R/o - Pendra Dafai, Ward No. 09, Manendragarh, Post Office, Police Station And Tahsil - Manendragarh, District - Koriya Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station - Manendragarh District - Koriya Chhattisgarh., ---- Respondent For Applicant : Shri Shivendu Pandya, Advocate For Respondent/State : Smt. Renu Singh, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 06/11/2019 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.22/2019 registered at police station Manendragarh, District Koriya (CG) for the offence punishable under Sections 302,294,506,323/34 IPC and Section 3(1)(r)(s), 3 (2V) and 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act. Case of the prosecution in brief is that the applicant along with co-accused Godalee called the applicant to meet at the hut of the deceased Kaushalya and at that time, they were snatching the blanket from her forcefully. It is stated that when the deceased refused to give the blanket to them they assaulted her with kicks and

fists as a result of which suffered injuries and thereafter during treatment, after two days she died.

Counsel for the applicant submits that the applicant has been falsely implicated in the crime and there is no eyewitness to the incident. He submits that the applicant is in jail since 16.02.19 and the trial will take time for final disposal and therefore he may be released on bail.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna