Jamal Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9156 of 2018 Jamal Khan S/o Kudartulla Aged About 32 Years R/o Village Kelkharikha, Police Station Darima, Tahil Lakhanpur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Surajpur, District Surajpur Chhattisgarh, District : Surajpur, Chhattisgarh.

---- Respondent For the Applicant :

Shri Anil Gulati, Advocate For the State :

Shri Ravi Bhagat, Dy. Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the photocopy of the charge-sheet provided by the counsel for the applicant for perusal of this Court in connection with the Crime No. 306/2014 registered at Police Station Surajpur, District Surajpur (C.G.) for the offence punishable under Section 307 of IPC.

3. Case of the prosecution, in brief is that applicant is facing trial for the offence punishable under Section 307 of IPC. Earlier applicant was bail out. He became absent on 27/02/2015 and thereafter on 11/06/2015. A permanent arrest warrant was issued against him. In the execution of such warrant he was arrested and now he is in jail.

4. Learned counsel for the applicant submits that he has innocent, therefore, he shall be released on bail.

5. State counsel has opposed the bail application.

6. Looking to the facts and circumstances of the case, it is ordered that if the applicant furnishes two solvent sureties for a sum of Rs. 25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Court with the condition that (i) he shall regularly appear

before the trial Court on the hearing dates positively by 11.00 am (ii) He shall not leave the District Surajpur without obtaining the permission from the trial Court, he shall be released on bail. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde