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High Court Of ChhattisgarhMCRC/6602/2019allowed

Ran Vijay @ Raja v. State Of Chhattisgarh

2019-12-03Hon'Ble Smt. Justice Rajani Dubey2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6602 of 2019 Ran Vijay @ Raja S/o Late Vishwanath Yadav Aged About 26 Years Resident Of Road No. 04 Quarter N. 5-E, Zone - 3 Khursipar, Bhilai, District - Durg Chhattisgarh....(In Jail), District : Durg, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Offricer, Police Station - Khursipar District - Durg Chhattisgarh....(Non Applicant)., District : Durg, Chhattisgarh ------ Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri B.P.Singh, Advocate For Respondent/State : Ms. Akshara Amit, 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.39/2019, registered at Police Station Khursipar, District Durg(CG) for the offence punishable under Sections 302, 120-B, 201, 34 of the IPC. 3.

As per the case of prosecution, complainant M. Raju reported the matter to the police that dead body of Suraj Singh is lying in his house, on which crime was registered against unknown persons and during investigation, co-accused Ramprakash Yadav was arrested and on his memorandum, the present applicant has been arrested on 15.2.2019.

4.

Learned counsel for the applicant submits that the applicant has not committed any offence and main allegations are against co-accused Ramprakash Yadav and the applicant has

been arrested on the memorandum statement of the coaccused. He further submits that the applicant is in jail since 15.2.2019 and trial may take some time for its final disposal therefore, the applicant may 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 applicant is in jail since 15.2.2019, 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