Lakhan Lal Sonwani v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 608 of 2019 • Lakhan Lal Sonwani S/o Bodhwa Sonwani, Aged About 47 Years, R/o Village - Harinbhatta, Chowki - Gidhpuri, Police Station Palari, District - Baloda Bazar - Bhatapara, Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Palari, District - Baloda Bazar - Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ----Non-applicant For Applicant - Shri Anchal Kumar Matre, Advocate. For Non-applicant/State - Shri Lav Sharma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 04-02-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is third bail application before this Court filed by the applicant for grant of regular bail. Both the earlier bail application filed by this applicant before this Court have been withdrawn. The applicant has been arrested on 26-01-2018 in connection with Crime No.74/2018 registered at P.S. - Palari, District - Baloda Bazar - Bhatapara, Chhattisgarh for the offence under Section 148, 294, 325/149, 307/149 of the IPC.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. No case is made out against this applicant. Similarly placed co-accused persons have been granted bail by this Court. Therefore, it is prayed that the application may be allowed. 3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for the parties and perused the case diary. 5.

Complainant Sadhin Bai has lodged the FIR that on the date of incident this applicant along with other co-accused persons came to her house and

-2firstly exhorted William, son of the complainant, when he came out he was assaulted by all the accused persons with clubs and was injured. William has suffered one grievous injury on his head. Hence, this case. 6.

After considering on all the facts and circumstances of the case and that similarly placed co-accused persons have been granted bail, I feel inclined to allow this application.

7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil