Raghuveer Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6286 of 2019 • Raghuveer Singh S/o Maniram Aged About 30 Years, R/o Mati Jhariya, Police Station And Tahsil Baikunthpur, District Koriya Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Of Police Station Chirmiri District Koriya, Chhattisgarh. ---- Respondent For Applicant :

Mr. Anil Gulati, Adv.

For Respondent/State :

Ms. Reena Singh, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 26.11.2019

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. 239/2019 registered at Police Station Chirmiri, District-Koriya (C.G.) for the offence punishable under Section 307 of the IPC.

2. The prosecution story, in brief is that, the marriage of the daughter of the injured i.e. Dev Singh Gond was solemnized along with the applicant 4 years prior, and since Vidya Kumari was residing in her in-laws house. A dispute arose between the mother-in-law and Vidya Kumari, and thereafter Vidya Kumari went to the house of her father and after that the applicant went to the house of his fahter-inlaw for bringing Vidya Kumari and his son and at that time a dispute arose between the applicant and his Father-in-law Dev Singh, thereafter applicant assaulted the injured with the axe. 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 injuries which was received by the injured is simple in nature, and charge-sheet has been filed. The applicant is in jail since 30.06.2019, 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 injuries which was received by the injured is simple in nature and the present applicant is in jail since 30.06.2019 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