Aditya Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7499 of 2018 Aditya Singh, Aged about 18 years 6 months, S/o- Raj Bahadur Singh, R/oIrrigation Colony, Shanti Nagar, Raipur, Tahsil & District Raipur (C.G.) ----Applicant

Versus

State of Chhattisgarh- Through Station House Officer, Police Station- Civil Line, District Raipur (C.G.) ---- Respondent For Applicant : Smt. Fouzia Mirza, Advocate. For State : Shri Adhiraj Surana, Dy. Govt. Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 30/10/2018 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. 494/2018 registered at Police Station - Civil Line, District Raipur (C.G.) for the offence punishable under Sections 294, 307, 325, 341 & 34 of the Indian Penal Code. 2.

Case of the prosecution, in brief, is that present applicant and other co-accused persons assaulted complainant -Jitendra, by which he suffered grievous injures which were sufficient to cause death.

3.

Learned counsel appearing for the applicant would submit that the applicant has falsely been implicated in the crime in question as he has not committed any offence. She would further submit that similarly situated co-accused persons have already been enlarged on bail; applicant is in jail since 13.07.2018 and the charge sheet has already been filed and, therefore, the applicant may be released on bail. 4.

On the other hand, learned counsel for the State opposes the bail application. 5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts & circumstances of the case; nature and gravity of the offence, further taking into consideration pre-trial detention of the applicant, charge sheet has already been filed and co-accused person has already been enlarged on bail; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7.

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/-