Vimal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 2458 of 2018 Vimal Sahu, S/o. Badari Prasad Sahu, Aged About 49 Years, R/o. Andharikachhar, VIP Road Tahsil And District Korba Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through : The Out Post, Police Station -Rampur, P. S. -Kotwali Korba, District -Korba, Chhattisgarh. ---- Respondent For Applicant : Mr. Abhijeet Sarkar, Advocate For State/respondent : Mr. Anant Bajpai, Panel Lawyer Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 10/05/2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.194/2018, registered at Police Station - Kotwali, Korba, Out Post - Rampur, District - Korba (C.G.), for the offence punishable under Section 307, 294, 506(B), 327 of the Indian Penal Code.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this. Applicant is in jail since 24.03.2018. Office under Section 307 of I.P.C. is not made out against the applicant on the basis of the material present in the case diary. Charge-sheet has not been filed so far. Applicant is an Advocate by profession. Hence it is prayed that the applicant may be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect.

4.

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

5.

As per the prosecution case, on the date of incident on 23.03.2018, this applicant came in inebriated condition and demanded money from the complainant Rajendra Kumar Paliwal, Advocate for buying liquor. As the complainant did not pay any amount to him because of which, this applicant assaulted the complainant with some sharp weapon causing injuries on his face. After lodging of FIR, case has been registered against the applicant.

6.

Considered on the submissions made, the contents of the case diary and the entire material present on record. The injury caused to the complainant has been reported as simple in nature. Hence, looking to the nature of the case against this applicant, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram