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High Court Of ChhattisgarhMCRC/2293/2020allowed

Kamlesh Kumar Sahu v. State Of Chhattisgarh

2020-08-20Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2293 of 2020 • Kamlesh Kumar Sahu S/o Hem Lal Sahu Aged About 24 Years R/o Kapsidih, P.S. Rajim, District- Gariyaband, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Office, Police Station Rajim, District- Gariyaband, Chhattisgarh. ---- Respondent • Narendra Kumar Sahu S/o Rohit Ram Sahu @ Ramji Sahu Aged About 31 Years R/o Kapsidih, P.S. Rajim, District- Gariyaband, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Office, Police Station Rajim, District- Gariyaband, Chhattisgarh. ---- Respondent For Applicants :- Mr. Raghvendra Pradhan, Adv.

For Respondent-State :- Ms. Fouzia Mirza, Addl. A.G.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board

20/08/2020

1. Since these two bail applications are arising out of same crime i.e. Cr.No. 87/2019 they are being considered and decided by this common order.

2. The applicants have preferred these applications under Section 439 of the Cr.P.C. for grant of regular bail as they were arrested in connection with crime No.87/2019 registered in Police Station Rajim District Gariyaband (C.G.) for the offence punishable under Sections 307, 201/34 of the I.P.C.

3. Case of the prosecution, in brief, is that on some dispute, applicants have assaulted injured - Bhagwani Sahu by means of a wooden Bait causing injuries over his head, nose, back side of neck, left wrist and legs. The deceased has sustained compound fracture of distal radius of left hand. Other injuries were not accompanied with any bony injuries. The injured remained under treatment in hospital from 20.03.2019 to 01.04.2019.

4. The present applicants are in jail since 16.12.2019 i.e., for more than nine months.

5. Learned counsel for the State would oppose the bail application.

6. I have heard learned counsel appearing for the parties.

7. Considering the nature of injuries and pre-trial detention, this Court is inclined to release the applicants on bail.

8. Accordingly, both the bail applications filed under Section 439 of the Cr.P.C. are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of ₹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 Ayushi