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High Court Of ChhattisgarhMCRC/1174/2018allowed

Yashvant Kurre v. State Of Chhattisgarh

2018-05-18Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1174 of 2018 Yashvant Kurre S/o Shri Jawahar Lal Kurre, aged about - 19 years, R/o VillageSatnami Mohalla Amatara, Police Station- Koni, Civil & Revenue DistrictBilaspur (C.G.). ---- Applicant

Versus

State of Chhattisgarh Through: the Station House Officer, Police Station- Civil Line, Bilaspur, Civil & Revenue District- Bilaspur. ---- Respondent For Applicant :

Mr. Parasmani Shriwas, Advocate For Respondent :

Mr. Ramakant Pandey, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 18/05/2018 1.

The applicant has preferred first bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 695/2018 registered at Police Station- Civil Line, Bilaspur (C.G.) for the offence punishable under Section 307, 397 & 436 of IPC. 2.

As per the prosecution story it is alleged that on 09/09/2017 at about 9:00 pm, the applicant has entered in the house of the complainant and assaulted him by the parts of bricks and knife. The complainant sustained tremendous injuries on his head and neck. Thereafter, the applicant looted his cell phone, Rs. 500 cash and one motor-cycle and ran away from the house. The report was lodged by the complainant, offence was registered and the applicant was arrested on 11/09/2017.

3.

Learned counsel appearing on behalf of the applicant submits the

applicant is innocent and has been falsely implicated in the present case. He further submits that injured/complainant has already been examined before the trial Court, wherein he has categorically stated that he don't know who burned the house and stolen his bike. Moreover, the complainant got admitted only 4 days in the hospital and did not sustain any grievous injuries. He further submits that the applicant is in jail since 11/09/2017, charge-sheet has already been filed and the trial will likely to take some more time to conclude, therefore, the applicant may be released on bail. 4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Considering the above facts and circumstances of the case, particularly, the fact that the applicant is in custody since 11/09/2017, charge-sheet has already been filed and the trial will likely to take some time to conclude, without further commenting on merits of the case, I am inclined to release the applicant on bail. 7.

Accordingly, MCRC. No.1174/2018 is allowed. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 10,000/- with one surety for the like amount to the satisfaction of the trial Court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court. Sd/- Judge Arvind Singh Chandel Rahul