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High Court Of ChhattisgarhMCRC/8081/2017allowed

Munna Singh v. State Of Chhattisgarh

2018-03-06Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8081 of 2017 • Munna Singh S/o Suraj Singh, Aged About 34 Years, Caste Rajpoot, R/o Domantola, Mauza Senversha, P. S. Bairiya, District Balia, U. P., At Present Village Khond (Nearby Pandopara Pond), P. S. Patna, Tahsil Baikunthpur, District Koriya Chhattisgarh , Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through Police Station Patna, District Koriya Chhattisgarh , Chhattisgarh ---- Non-applicant For Applicant - Shri Pushkar Sinha, Advocate. For Non-applicant/State - Shri Anant Bajpai, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 06-03-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 19-08-2017 in connection with Crime No.857/2017 registered at P.S. Patna, District Koriya, Chhattisgarh for the offence under Section 294, 506, 307 of the IPC. 2.

It is submitted on behalf of the applicant, that the applicant has been falsely implicated in this case. Offence under Section 307 of the IPC is not made out on the basis of material present in the charge sheet and rest of the offence registered against this applicant are bailable in nature. The applicant is in jail since 19-08-2017. He is ready to abide by all the conditions to be imposed on grant of bail. Hence, it is prayed that the applicant may be released on bail.

3.

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

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

On the date of incident because of some dispute it is alleged that the

-2applicant assaulted complainant Suraj Kumar Panika with a crow-bar, the complainant tried to move away, even then he suffered one injury on his forehead above nose. On examination by the doctor one injury of abrasion was reported and there is no opinion of the doctor about any consequence of serious nature.

6.

Considering on the material present in the charge sheet in totality, I am of this view that the applicant should be released on regular bail during pendency of the trial against him.

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