Rajkumar Kosle v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Rajkumar Kosle S/o Late Borra Kosle Aged About 43 Years R/o Vill.- Sarwani, P.S. Kasdol, District Balodabazaar Bhatapara Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through P.S. Kasdol, District Balodabazaar Bhatapara (Chhattisgarh).

---- Respondent For Applicant :- Mr. Anchal Kumar Matre, Advocate For Respondent-State :- Mr. Anil Tripathi, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 10/01/2020 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing his on regular bail during trial in connection with Crime No. 262/2016 registered at Police Station - Kasdol, District BalodabazaarBhatapar (C.G.) for the offence punishable under Sections 294, 506-B, 307, 34 of the IPC.

• The prosecution story, in brief, the present applicant is alleged of beating injured-Shivlal's mother and

younger brother's family members due to some family dispute regarding partition of land among them. Based on this, offence has been registered. The present applicant has been taken into custody on 22.07.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that there is no grievance against the present applicant left as both of them have settled the matter by the way of an agreement. He further submits that the applicant is in jail since 22.07.2019 and he is ready to furnish adequate surety and shall abide by all the directions and conditions which may imposed by this Court, the present applicant may be released on bail.

• On the other hand State counsel strongly opposes the bail application.

• I have heard learned counsel for the parties and perused the entire material available on record. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering the fact that he is in jail since 22.07.2019 and as 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.

• 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 said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ankit