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2015 DIGILAW 217 (CHH)

Veer Bhadra Sahu v. State Of Chhattisgarh

2015-08-18

SANJAY K.AGRAWAL

body2015
Order : 1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 44/15, registered at Police Station New Rajendra Nagar Raipur District Raipur (C.G.), for the offence punishable under Sections 307 of I.P.C. and 25, 27(1) of Arms Act. 2. Case of the prosecution, in brief, is that on 24/04/2015 applicant assaulted Dr. Hemant Sahu, In-charge Lecturer by knife, by which, he was suffered grievous injury, which was sufficient to cause death. 3. Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in offence in question. He would further submit that no custodial interrogation is required and no useful purpose would be served by keeping him in jail. He would further submit that six witnesses have been examined and victim is not appeared till this date to get examine and only muscle deep injury was found. He would lastly submit that charge sheet has been filed and applicant is in jail since 24/04/2015 therefore, he may be released on bail. 4. On the other hand, learned counsel for the State would oppose the bail application. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; no custodial interrogation is required; trial is likely to take some time; six witnesses have already been examined; charge sheet has been filed and applicant is in jail since 24/04/2015, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail. 7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. 8. It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. 9. Certified copy as per rules.