Ramkishan v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9797 of 2018 • Ramkishan S/o Matukdhari Aged About 34 Years By Caste Kol, R/o Choubepara, Thana Pendra, District Bilaspur Chhattisgarh ---- Applicant

Versus

• The State Of Chhattisgarh Through The Police Station pendra, District Bilaspur Chhattisgarh ---- Respondent For applicant Mr. Parag Kotecha, Adv.

For Respondent/State Mr. Sumit Jhanwar, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 16-11. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 304/2018 registered in police station Pendra, Distt. Bilaspur (CG) for offence punishable under Section 279, 304 of the IPC.

3. Prosecution story in brief is that on 7-9-2018 at about 12.55 pm, applicant was taking school students in bus bearing registration No. MP 65 T 0374 by driving the said vehicle rashly and negligently, as a result of which it turned near a canal. Deceased Ku. Anshika threw in canal water and died due to drowning.

4. Counsel for the applicant argued that the applicant is innocent and falsely implicated hence he be released on bail.

5. On the other hand, the Panel Lawyer appearing for the State opposed the bail application. However, he submits that no criminal antecedent of the applicant is reported in the police case diary.

6. Looking to the above facts and circumstances of the case, and as trial will take its own time, the application is allowed. It is

ordered that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned with the condition that he will appear before the concerned trial Court at 11 AM as and when directed till trial, he be released on bail.

7. CC as per rules.

Sd/- (Sharad Kumar Gupta) Judge Pathak