Ram Krishna Mishra v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7447 of 2019 • Ram Krishna Mishra S/o Shri Nand Kumar Mishra Aged About 50 Years Caste - Brahman, R/o Village Sevra P.S. Pendra, District Bilaspur Chhattisgarh....(In Jail) ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Manendragarh District Bilaspur Chhattisgarh....(Non Applicant) ---- Respondent For Applicant : Shri A.K.Yadav, Advocate For Respondent/State : Shri anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 11/02/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.260/2010 registered at police station Manendragarh, (CG) for the offence punishable under Sections 302,201 and 120-B IPC.

As per prosecution case, a report was lodged against the present applicant alleging that he along with co-accused Sudha Chouhan has committed the murder of her husband Arvind Chouhan after administering poison.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that except hearsay

witness, there is no legally admissible evidence against the applicant. He submits that the applicant is in jail since 21.10.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna