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High Court Of ChhattisgarhMCRC/1913/2020allowed

Ajay Giri v. State Of Chhattisgarh

2020-08-13Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.1913 of 2020 • Ajay Giri, S/o Ramashish, Aged About 27 Years, Caste - Goswami, R/o Village Near Pump House, Korba District Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Bagbahar, District Raigarh, Chhattisgarh ---- Respondent MCRC No.2067 of 2020 • Ashish Kumar, S/o Late Shri Daood Kumar, Aged About 22 Years, R/o SECL Quarter No.M - 368, In Front Of Pump House, District Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Bagbahara, District Jashpur, Chhattisgarh ---- Respondent MCRC No.3439 of 2020 • Veer Singh, S/o Shri Khardeep Singh, Aged About 23 Years, R/o In Front Of Pump House, District Korba, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station Bagbahara, District Jashpur, Chhattisgarh ---- Respondent For Applicants Shri Sanjay Agrawal and Shri Dhiraj Wankhede, Advocates For Respondent-State Shri K. K. Singh, GA For Respondent-Objector Ms. Soniya Kuldeep, Advocate

Proceeding through Video Conferencing Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 13/08/2020 1.

The applicants have preferred these bail applications under Section 439 of the CrPC, as they have been arrested in connection with Crime No.180/2019, registered at Police Station Bagbahar, District Jashpur (C.G.) for the offence punishable under Sections 307, 394, 506, 392, & 397 read with Section 34 of IPC.

2.

When the complainant/injured Anil Kumar Yadav and Khalasi Nakul Pandey were going from Korba to Calcutta in their Truck No.CG-12-AT-1351 and reached Village Doomarbahar at 3:30 am on 02.12.2019, the applicants stopped the truck and demanded the keys of the truck. On their refusal, the applicants assaulted them by club, rod, hand and fist causing head injury to Anil Kumar Yadav. They also looted Rs.3,000/- and ran away leaving their Bolero vehicle on the spot.

3.

Admittedly, the injured was treated in the hospital for one day only. In MLC, head injury is stated to be serious but no radiological examination was even recommended. The applicants are in jail since 02.12.2019 i.e. for more than 9 months. 4.

Learned State counsel and learned counsel for the objector would oppose the prayer for grant of bail.

5.

Considering the all relevant aspects of the matter, this Court is inclined to release the applicants on bail. Accordingly, all the

applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- Prashant Kumar Mishra Judge Nirala