Manbodh Urao v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7208 of 2019 • Manbodh Urao S/o Narsingh Urao, aged about 27 years, village Madanpur, P.S. Pratappur, District Surajpur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through : Police Station - Shankargarh, District Balrampur-Ramanujganj (C.G.) ---- Respondent For Applicant :

Shri A.K. Yadav, Adv.

For Respondent :

Shri Anurag Verma, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board /01/2020 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.80/2019, registered at Police Station - Shankargarh, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 302 read with section 34 IPC. 2.

The allegation against the present applicant and co-accused persons is that they committed murder of deceased Charan Ram on account of old land dispute. Based on their memorandum, one club was seized and offence has been registered. The present applicant has been taken into custody on 07.05.2019.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that till date no witness has been examined and only on the basis of memorandum and seizure the present applicant has been implicated in the crime in

question. It is also submitted that the applicant is in custody since 07.05.2019 and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.

4.

On the other hand, learned counsel for the State opposed the bail application.

5.

I have heard learned counsel for the parties and perused the case diary.

6.

Considering the totality of the facts and circumstances of the case, quality of evidence and further considering the fact that the applicant is in custody since 07.05.2019 and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail. 7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde