Ludran v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6106 of 2019 • Ludran S/o Kurso Aged About 22 Years R/o Village Barpaguda Sautpur, Police Station Karpavand, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through - The Station House Officer, Police Station Karpavand, District Bastar Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Punit Ruparel Advocate For Respondent/State : Shri Vinod Tekam, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 19.11.2019 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.78/2015, registered at Police Station Karpavand, District Bastar (CG) for the offence punishable under Sections 147, 148, 149, 307, 302 of the IPC. 3.

As per the case of prosecution on 11.9.2015 on account of land dispute, the applicant along with other co-accused persons tied the hands and feet of Anju Mishra and set him on fire, later on during treatment he died.

4.

Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsey implicated in the crime on account of previous enmity. He further submits that the co-accused has already been enlarged

on bail by this Court vide order dated 22.1.2019 passed in MCRC No. 9566/2018 and the applicant is in jail since 11.9.2015, therefore, the applicant may also be released on bail.

5.

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

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the co-accused has been enlarged on bail and the applicant is in jail since 11.9.2015, I am of the opinion that present is a fit case to release the applicant on bail.

8.

Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita