Shobha Ram Sori @ Dana v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7029 of 2019 • Shobha Ram Sori @ Dana S/o Bhagatram Sori Aged About 50 Years, R/o Village Gangrajpur, Post Office And Police Station Devbhog, District Gariyaband Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : The Station House Officer, Police Station Devbhog, District Gariyaband, Chhattisgarh. ---- Respondent For Applicant :

Mr. Shivendu Pandya, Adv.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 19/12/2019

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. 164/2019 registered at Police Station-Devbhog, District-Gariyaband (C.G.) for the offence punishable under Section 306 of the IPC.

2. The prosecution story, is that on 09.08.2019 at about 5:00 pm. the deceased namely Churanlal Sori aged about 30 years committed suicide by hanging. It is alleged that the present accused/applicant harassed/ill-treated the deceased on account of borrowed money to the deceased and on the date of incident applicant committed marpeet with the deceased. 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 the applicant is in jail since 05.09.2019,

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 present applicant is in jail since 05.09.2019 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