Rajkumar Kashyap v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6617 of 2019 Rajkumar Kashyap S/o Jagannath Kashyap Aged About 46 Years R/o Village Udta, Police Station Pali, District- Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police StationPali, District- Korba Chhattisgarh., District : Korba, Chhattisgarh ------ Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri C.P. Lahrey, Advocate For Respondent/State : Shri Akhtar Hussain, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 03.12.2019 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.177/2019, registered at Police Station Pali, District Korba(CG) for the offence punishable under Sections 294, 323, 342, 506, 384, 306/34 of the IPC.

3. As per the case of prosecution, on account of a quarrel in the village Chhindpani between the deceased and the applicant and other co-accused persons, the village panchayat insulted and imposed heavy fine, due to which the deceased committed suicide by hanging himself.

4.

Learned counsel for the applicant submits that the applicant has not committed any offence and the applicant only informed the village panchayat about the quarrel. He further submits

that the other co-accused persons have already been enlarged on bail by this Court vide order dated 28.11.2019 passed in MCRC No.6474/2019 and the applicant is in jail since 13.9.2019 and trial may take some time for its final disposal 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 persons have been enlarged on bail, 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