Si‘igle Bench IN THE HON'BLE HIGH COURT OF CHHATI'ISGARH AT BILASPUR C G CRMP No Q f0F2009 k PETITIONER Ram Vinod Jha Son of Lat (INJAIL) Subhchand Jha, aged about 38 a Caste Resideht of l i WM“ alum-W ”at.” I 4:“, w‘ ‘AKW PETITION UNDER SECTION 482 OF THE CODE OF CRIMINAL ’ PROCEDURE, 1973 ,M t .Wyum, e A, “ "tax: ne‘kv” \1» Bande Colony, Police Station a (5&7,a‘fl Bande TahSlI Pakhanjur, District /(§Cé\\7?‘ “A North Bastar Kanker (C G ) Q, VERSUS RESPONDENT‘ State of Chhattisgarh, through The Police Station Bande, Tahsil Pakhanjur, District North Bastar Kanker (C.G.). ¢@ HIGH COURT OF CHHATTISGARH AT BILASPUR Cr.M.P. No. 399 of 2009 Petitioner . .Ram Vinod Jha, Son of Late Subhchand Jha, (In Jail) aged about 38 years, Caste Bramhin, Resident of Bande Colony, PoHce Station Bande, Tahsi! Pakhanjur, District North Bastar Kanker (CG) Versus i Respondent : State of Chhattisgarh, iha‘ougii ihe Poiice 1 Station Bande, Taheii Pakhanjur, District North " Basiai’,‘Kani<ei’ (CG) 7 SB : Hon’hie Shri Dhirendra Misi'ii‘e, &. 6.1 1 .2099: Mi. AK. Shukia, couneei far ihe peii‘iiener. Mr‘ Shashank T‘hakur, Pane? Lawyer for the $tate. ; Tins pei'ii'ian xunder Seciien 482 a‘i {ERRC is directed againet the impugned 0mm dazed 2?.720039 passed in Criminal Revision No.18/09 g Out m ‘ihe arder daiea‘ J.0.4008 passed by Chief Judicial Magistrate, Kenkei in Criminai Case No.1073/08, whereby the revision preferred by the appiieeni against rejection of hie application under Section 437(6) of Cr.P.C. for releasing him on bail, has been dismissed. Shri AKA Shukla, learned counsel for the petitioner/applicant, submits that the applicant is facing criminal trial for the offence punishable under Sections 409 and 420/34 of IPC. He is in jail since 18.6.2008. His application for regular bail was finally rejected by this Court vide order dated 18.1 1 .2008 passed in M.Cr.C.No.1845/08. Thereafter, his second bail application was rejected on 11.5.2009 as withdrawn with liberty to move appropriate application under Section 437(6) of CrPC before the Court below. His third application for regular bail was rejected on 13.7.2009 (Annexure P/8) with liberty to file appropriate revision against the order dated 3.6.2009 passed by learned Chief Judicial Magistrate rejecting his application under section 437(6) of Cr.P.C. HoWever, his revision has been dismissed by the learned Additional Sessions Judge by the impugned'orcler. He submits that the offence is triable by Magistrate First Class, the applicant is in custody for more than a year; the matter was nxed for prosecution evidence on 29.9.2008 and thereafter, it was again fixed for 14.10.2008 and till date, only two witnesses have been examined by the prosecution. He further submits that main accused Rajendra Prasad Tiwari was granted bail by this‘Court in view of the provisions of Section 437(6) of Cr.P.C. on 1.7.2009 vide Annexure P/9. The aforesaid fact was also brought npa E ‘ ' i to the notice of learned Additional Sessions Judge, however, his revision has been dismissed. On the other hand. learned counsel for the State has opposed the instant petition. However, he does not dispute that allegations against the present applicant and co-accused Rajendra Prasad Tiwari, who has been granted bail by this Court, are similar. Heard learned counsel for the parties. Taking into consideration that the offence is triable by Magistrate First Class, keeping in View the provisions of Section 437(6) of Cr.P.C. and also considering that co-accused Rajendra Prasad Tiwari has been granted bail by thizgourt, the revision petition is allowed. lt is directed that on applicant’s- Ram \fmod Jha furnishing a personal bond in the sum of Rs.50,000/— with two solvent sureties of the like sum to the satisfaction of the trial Court concerned. he be xreleased on bail. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. He shall appear before the trial Court concerned on each and every date given by the said Court. 941,, Certified copy as per rules. Sdl- 'Dhire‘ndra Mishra Judge