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High Court Of ChhattisgarhMCRC/2801/2016allowed

Harishchandra Singh v. State Of Chhattisgarh

2016-06-14Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2801 of 2016 Harishchandra Singh, S/o. Moti Lal, Aged About 36 Years, R/o. Village Baijnathpur, Police Station & Tahsil Odgi, Revenue and Civil District Surajpur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through Police Station Odgi, District Surajpur, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Pushpendra Kumar Patel, Advocate For Respondent :

Ms. Sunita Jain, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 14.06.2016 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 in connection with Crime No.01/2016, registered at Police Station Odgi, District Surajpur (C.G.) for the offence punishable under Section 307 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that on 08.01.2016 because of the old enmity, the applicant assaulted Sant Lal Rajwade and Bhanwar Singh by an Axe and thereby they sustained head injury and fracture on the skull. Therefore, the offence is committed. 3.

Learned counsel for the applicant submits that the charge sheet in this case has been filed and no further investigation is necessary; therefore, considering the nature of injury, the applicant may be enlarged on bail.

4.

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

5.

Perused the case diary and statement of the injured. Taking into fact that the investigation has been completed and no further investigation is necessary and further considering the fact that the applicant is in jail since 09.01.2016, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. 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.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/-- (Goutam Bhaduri) Judge Ashok