Jalam Singh @ Jay Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1459 of 2021 Jalam Singh @ Jay Singh S/o Shri Bheem Singh, Aged About 20 Years R/o Behind Bus Stand, Ward No. 11, Gunderdehi, P.S. Gunderdehi, District Balod Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Aarakshi Kendra Gunderdehi, District Balod Chhattisgarh.

----Non-applicant For Applicant :

Mr. Avinash Chand Sahu, Advocate For State :

Mr. Devesh Verma, G.A.

Hon'ble Shri Justice P. Sam Koshy Order on Board 19/05/2021 1.

This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No. 17/2021 registered at Police Station Gunderdehi, District Balod, Chhattisgarh for the offence punishable under Section 294, 323, 324, 506B/34 of Indian Penal Code and under Sections 25, 27 of Arms Act.

2.

The present applicant is in jail since 30.01.2021 in connection with the aforesaid Crime number.

3.

As per the prosecution story, the present applicant is said to have inflicted stab injuries on the complainant on 29.01.2021. Based on the complaint, thereafter he was arrested on 30.01.2021. 4.

The learned counsel for the applicant submits that the nature of injury inflicted upon the complainant is simple in nature. All the offences except for the offence under Section 324 are triable by a Magistrate First Class. Moreover, the applicant has already

remained in custody for a period of more than 4 months and considering the facts and circumstances of the case the present applicant be released on bail.

5.

State counsel on the other hand submits that there are 4 injuries suffered by the injured and that the knife was also recovered from the possession of the present applicant and taking into consideration the nature of offence and the gravity of the offence, the present applicant does not deserve to be released on bail at this juncture. 6.

Having heard the contentions put forth on either side and on perusal of record, particularly taking note of the medical opinion of the injuries being simple in nature and also taking note of the period of custody and the pandemic situation prevailing, a strong case for grant of bail has been made out. Accordingly, the present application for grant of bail is allowed.

7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties in the like sum to the satisfaction of the concerned Court for his appearance before the said Court as and when directed. Sd/- (P. Sam Koshy) Judge Ved