Laxmi Prasad Suryawanshi @ Chhotu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2221 of 2018 Laxmi Prasad Suryawanshi @ Chhotu, S/o. Dhajaram Suryawanshi, Aged About 25 Years, R/o Village Khamtarai, Police Station Sarkanda Civil & Revenue District Bilaspur, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through its Police Station Sarkanda, Bilaspur Civil and Revenue District Bilaspur Chhattisgarh.

---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Ravi Maheshwari, Advocate For Respondent :

Mr. Wasim Miyan, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 04/05/2018

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. 03/2018 registered at Police Station- Sarkanda, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 294, 323, 324, 326, 506 of the IPC.

2. As per the prosecution case, on 21.01.2018 at about 4.00 pm, the applicant caused grievous hurt to one Surendra Dahire by knife and caused injury to one Deepak Suryawanshi and thereafter, the offence was registered against the applicant.

3. Counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. He submits that the offence is trible by Judicial Magistrate First Class and the trial will

take sufficient time to conclude. He further submits that the applicant is in jail since 25.01.2018, therefore, he may be enlarged on bail.

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

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Considering the fact that the charge sheet in this case has been filed and the applicant is in jail since 25.01.2018 and the offence is trible by JMFC, I am inclined to release the applicant on bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

8. It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.20,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Ram Prasanna Sharma) Judge Santosh