High Court Of ChhattisgarhMCRC/6147/2019allowed

Ram Prasad Verma v. State Of Chhattisgarh

2019-11-21Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6147 of 2019 • Ram Prasad Verma S/o Mangal Verma Aged About 40 Years, R/o Village Devaribhat, Police Station Khairagarh, District - Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station Khairagarh, District - Rajnandgaon, Chhattisgarh.

---- Respondent For Applicant :

Mr. Abhishek Pandey, Adv.

For Respondent/State :

Mr. Akhtar Hussain, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 21.11.2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 72/2019 registered at Police Station Khairagarh, District-Rajnandgaon (C.G.) for the offence punishable under Section 307 of the IPC.

2. The prosecution story, in brief is that, on 19.02.2019 the present applicant by means of air gun has shot his wife on thigh and stomach due to which she succumbed injuries. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the prosecutrix has been turned hostile. The applicant is in jail since 21.02.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail

application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the prosecutrix has been turned hostile. The present applicant is in jail since 21.02.2019 and the trial is likely to take some time for its final disposal, 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 local 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.

Sd/- (Rajani Dubey) Judge H.L. Sahu