Abhijeet Giri Alias Babumani v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1837 of 2021 • Abhijeet Giri Alias Babumani S/o Sunil Giri Aged About 20 Years R/o Khapra Bhatta, Kanshi Nagar, Police Chowki Rampur, Police Station City Kotwali, District Korba Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Kotwali, Korba, The Station House Officer Kotwali, District Korba Chhattisgarh ---Respondent For Applicant - Shri Shubham Dev Mallick, Advocate. For Respondent/State - Shri Rahul Jha, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 13/07/2021 Heard.

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 05.01.2021 in connection with Crime No. 04/2021 registered at Police Station- Kotwali, District Korba C.G. for the offence punishable under Sections 294, 323, 307, 341, 427, 506, 34 of I.P.C.

2. As per the prosecution case on 30.12.2020 on a trivial issue quarrel broke out between the applicant and the victim who was a E- Rickshaw driver. Subsequently, Abhijeet Giri along with Chinna Rao assaulted and abused Pancham Singh (victim).

3. Learned counsel for the applicant submits that the incident happened on a trivial issue and there was no intention to kill the victim and he also refers to medical opinion that the injury was simple in nature and the applicant is in jail since 05.01.2021, charge sheet is filed, therefore, the applicant may be released on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Considering the submission made and considering the nature of injury and further considering that the charge sheet has been filed and the applicant is in jail since 05.01.2021, I am inclined to release the applicant on bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Sd/- (Goutam Bhaduri) Judge Jyoti