Kailash Janghel @ Sonu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2586 of 2018 Kailash Janghel @ Sonu, aged about 20 years, S/o Mr. Sanjay Janghel, R/o Lodhi Para, Station Road, P.S. Ganj, Raipur (C.G.) --- Applicant

Versus

State of Chhattisgarh, Through the Police Station Ganj, Distt. Raipur (C.G.). ---- Respondent For Applicant :

Mr .Raza Ali, Advocate For Respondent :

Mr. Ramakant Pandey, PL Hon'ble Shri Justice Arvind Singh Chandel Order on Board 03/07/2018 1.

The applicant has preferred this First bail application under Section 439 of the Cr.P.C for grant of regular bail as he is arrested in connection with Crime No. 460/2017 registered at Police Station- Ganj, Raipur (C.G.) for the offence punishable under Sections 294, 324, 327 and 326/34 of IPC.

2.

As per prosecution story on 31/12/2017 an FIR was lodged by the complainant- Amit Yadav alleging that on 31/12/2107 itself, the present applicant along with co-accused Akash, younger brother of the applicant, both have assaulted the victim Vijay Soni, cousin of Amit Yadav by knife, due to which, he sustained injuries on his neck and stomach. On the basis of said report, the police has registered the offence and the present applicant was arrested on 01/01/2018. 3.

Learned counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present

case. He further submits that on the basis of medical report, Section 326 of IPC is not made out. It has been further submitted that chargesheet has been filed, the applicant is in custody since 01/01/2018 and the trial is likely to take some time to conclude, therefore, the applicant may be released on bail.

4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

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

Considering the above facts and circumstances of the case, particularly that charge-sheet has already been filed, the applicant is in custody since 01/01/2018 and the trial will likely to take some time, without further commenting on merit of the case, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 10,000/- with one surety for the like amount to the satisfaction of the trial Court. Thereafter, he will appear before the Trial Court on each and every date given by the said Court. Sd/- Judge Arvind Singh Chandel Rahul