Keju Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5024 of 2016 • Keju Ram S/O Punaram Yadav Aged About 60 Years R/O Village Chandali, P.S. Lalpur, Tahsil Lormi, District Mungeli Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station - Lalpur, District Mungeli Chhattisgarh. ---- Respondent ------------------------------------------------------------------------------------------------- For Applicant :

Mr. Suresh Kumar Verma, Advocate For Respondent/State :

Mr. Anant Bajpai, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 30-08-2016

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 119 of 2016, registered at Police Station Lalpur, District Mungeli (CG) for the offence punishable under Sections 147, 149 & 307/34 of the IPC.

2. Case of the prosecution, in brief, is that on 1-7-2016 when complainant Ram Kumar Sahu was coming back from Lormi, at Bus Stand he was attacked by the present applicant along with other co-accused persons namely Ashok Yadav, Ganesh Yadav, Sunil Yadav and Daulat Yada. Due to old enmity, coaccused Ashok Yadav and Ganesh Yadav assaulted the complainant by way of club on his head, as a result of which he fell down and sustained injury.

3. Learned counsel appearing for the applicant would submit that the applicant is aged about 60 years, neither he has assaulted

the complainant nor allegations of assault have been attributed to the applicant and the injury sustained by the complainant was not grievous in nature. He would further submit that the applicant has been falsely implicated in this case and he is in jail since 2-7-2016 , therefore, the applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. I have heard learned counsel for the parties and have also perused the case diary and the documents.

6. Perused the statements of injured Ram Kumar Sahu and other witness Raja Chakradhari wherein allegations of assault have been attributed to other co-accused persons and the allegations against the present applicant are that he was only present on the spot and tried to assault the complainant.

7. Taking into consideration the facts and circumstances of the case, the role played by the present applicant and further considering the statement of the injured witness and also the fact that the applicant is aged about 60 years and is in jail since 2-7-2016, I am inclined to release the applicant on bail.

8. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the 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.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju