Amit Tigga v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1591 of 2018 • Amit Tigga, S/o Jawakim Tigga, aged about 30 years, Caste - Uraon, Occupation - Agriculturist, R/o Village - Singhi Bahar, P.S. Tapkara, Tahsil - Farsabahar, District Jashpur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through- Station House Officer, Police StationTapkara, District Jashpur (C.G.) ---- Non-applicant For Applicant :

Shri Awadh Tripathi, Advocate.

For Non-Applicant/State :

Ms. Sunita Jain, Penal Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 16.04.2018 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.31/2017, registered at Police Station - Tapkara, District Jashpur (C.G.), for the offence punishable under Sections 294, 323, 506, 307 of IPC. 2.

The present Applicant is in jail since 28.10.2017 in connection with the aforesaid crime number.

3.

The allegation against the present Applicant is that he has assaulted William Tigga on 16.04.2017 with a 'Lathi' on account of which the injured suffered grievous injuries. The report of this incident was lodged on 17.04.2017 and the present Applicant was arrested on 28.10.2017. 4.

The learned counsel for the Applicant submits that the complainant in the case has been examined as PW-1 before the Trial Court and injured William Tigga also examined before Trial Court as PW-2. Both have not supported the prosecution case and have turned hostile. Therefore, the present Applicant may be released on bail.

5.

Given the aforesaid facts and circumstances of the case, this Court is of the opinion that the prima facie a strong case has been made out for grant of bail to the Applicant. Accordingly, the present application for grant of bail is allowed.

6.

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 before the said Court as and when directed.

Sd/- (P. Sam Koshy) JUDGE Brijmohan/Vaishali