Jitendra Kumar Lahre v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7435 of 2016 Jitendra Kumar Lahre, S/o. Jethuram Lahre, Aged About 25 Years, R/o. Village Kalmidih, Police Station Bhatapara, District Baloda BazarBhatapara, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Kasdol, District Baloda Bazar- Bhatapara, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Sanjeev Das, Advocate For Respondent :

Ms. Sunita Jain, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 28.11.2016 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.323/2014 registered at Police Station- Kasdol, District Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 307, 120-B/34 of Indian Penal Code and Section 25, 27 of Arms Act.

2.

This is a case of bail jump. The applicant was earlier enlarged on bail and on 03.09.2015 he jumped the bail and thereafter he was arrested on 15.07.2016.

3.

Learned counsel for the applicant would submit that the applicant is a villager and he went out to earn his livelihood and therefore he could not attend the date on 03.09.2015. He further submits that the applicant is in jail since 15.07.2016, therefore, he may be released on bail.

4.

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

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case and taking into the detention period of the applicant as he is in jail since 15.07.2016, I am inclined to release the applicant on bail.

6.

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

7.

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. Sd/- (Goutam Bhaduri) Judge Ashok