Ashok Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.5642 of 2015 Ashok Singh S/o Shri Lalsingh, aged about 34 years (as per charge sheet), R/o village Gohani, Police Station Rajapur, District Chitrakut (UP) ---Applicant

Versus

State of Chhattisgarh Through: Station House Officer, police of Police StationCharcha, District Korea (CG) ---Non-applicant For Applicant :

Mr. Anil Gulati, Advocate For Non-applicant :

Mr. Neeraj Sharma, Dy.Govt.Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 15/10/2015 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.32/2013, registered at Police StationCharcha, District-Korea (C.G.), for the offence punishable under Sections 307 of the IPC.

2.

Case of the prosecution, in brief, is that on 16.3.2013 the applicant is said to have caused gunshot injury to injured/complainant Ramdev, by which, he suffered grievous injuries, which were sufficient to cause his death. 3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that injuries are simple in nature, the applicant is in jail since 24.7.2015 and charge-sheet has already been filed and therefore, he may be enlarged 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 present applicant; nature of injuries; pre-trial detention of the applicant and the fact that charge-sheet has already been filed, this Court is of the opinion that present is a 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 his 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 B/-