Sanjay Sandil v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3585 of 2016 Sanjay Sandil, S/o. Makhan Lal, Aged About 33 Years, Caste Bhat, R/o. Pairi, Police Station & Tahsil Gunderdehi, District Balod, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Of Police Station- Gunderdehi, District Balod, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. B.P.Singh, Advocate For Respondent :

Mr. Sumit Jhanwar, Panel Lawyer --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 13.07.2016 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.130/2016 registered at Police Station- Gunderdehi, District Balod (C.G.) for the offence punishable under Section 307 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that over a partition in between two brothers in the month of May, 2016, the applicant and the complainant landed into a dispute and the applicant went to the house of his brother and assaulted him by Tangi on his forehead and thereby the offence is committed.

3.

Learned counsel for the applicant would submit that there was no intention to kill the complainant and the applicant is the real brother and the nature of injury is also not to the fracture of bone and the complainant was discharged on the same day. He further submits that considering the facts and circumstances of the case and the

fact that the applicant is in jail since 03.05.2016, he may be released on bail.

4.

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

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case, nature of injury and the fact that the dispute arose in between two real brothers and further taking into fact that the charge sheet has been filed and the applicant is in jail since 03.05.2016, 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