MANIRAM Vs. STATE OF C G

JUDGEMENT

(1.) HEARD . The accused/applicant has preferred this bail application under Section 439 of the Cr.P.C, for releasing him on bail in Crime No. 207/2004 registered at Police Station. Lakhanpur Dist. Surguja (CG) for the commission of the offence punishable under Section 302 of the I.P.C. On 22-10-2004, some dispute took place between the deceased Rambir and applicant in connection with audio cassette. Deceased Rambir demanded his cassette, therefore, the applicant uttered filthy words, took a piece of brick and pelted over Rambir, which struck to his hand. Deceased again asked for his cassette. Being annoyed thereof, the applicant again took a piece of brick and pelted over him and that brick stuck the head of the deceased causing injury thereon. Deceased-Rambir reported the matter to Police on next day i.e., 23/10/2004, and the Police, taking into consideration all the facts, registered a case against the applicant under Sections 336, 294, 506 and 323 of the I.P.C. On 25-10-2004, deceased - Rambir was admitted in District Hospital, Ambikapur and on 27-10-2004 he died. According to opinion given by Doctor, Rambir died as a result of head injury. Applicant's contention is that he is innocent. He never intended to kill Rambir. His further contention is that, according to the prosecution itself, the case arose due to some sudden quarrel. His further contention is that, he is a young boy and is a student. Trial will take time. He has permanent place of abode, therefore, there is no possibility of his absconding. Rambir died after a long period from the date of incident. Taking into consideration all the facts, the petition is allowed and it is directed that if the applicant, abiding with additional following conditions, furnishes a personal bond of Rs. 30,000/- (Rs. Thirty thousand) with two solvent sureties in the like amount to the satisfaction of the concerned Court for his appearance before the concerned Courts as and when so directed, he be released on bail:-