KADIYAM DEVA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking jurisdiction of this Court under Section 439 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.') for grant of regular bail, applicant has filed this application, who has been arrested on 06/04/2011, in connection with Crime No.3/2005, registered at Police Station Nelasnar, District Bijapur (Chhattisgarh), for the offence punishable under Sections 147, 353/149, 307/149 of the Indian Penal Code.

(2.) Case of the prosecution, in brief, is that, on 15/05/2005, when the arrested accused persons were being taken by the police staff of Nelasnar police station to Bijapur Trial Court, the applicant along with other co-accused persons, near about a furlong from the police station, surrounded the police vehicle and demanded release of arrested accused persons. It is further case of the prosecution, is that, police vehicle turned around and reached the police station Nelasnar, where the present applicant and other co-accused persons hurled stones & shot few arrows into the police station and also one round was fired on the police, by which, policemen suffered injuries and thereby present applicant and other co-accused persons committed above-stated offence.

(3.) Learned counsel for the applicant would submit that 11 accused persons were already acquitted on 28/03/2006. She would further submit that present applicant was arrested on 06/04/2011 and supplementary charge-sheet has been filed against him and co-accused- Boda Bhaskar. She would also submit that co-accused- Boda Bhaskar was granted bail on 19/03/2014 and there is no legal admissible evidence to implicate the present applicant in the offence in question. She would lastly submit that in past three years, out of 16 charge-sheeted witnesses, only five prosecution witnesses have been examined, as such, there is no indication of conclusion of trial, which is a serious infringement on the applicant's right to a fair and speedy trial, therefore, present applicant is entitled to be released on bail.