Mukesh Singh Rajpoot Aka Motu v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3134 of 2020 Mukesh Singh Rajpoot AKA Motu S/o Narendra Singh Rajpoot Aged About 25 Years R/o Village Bapunagar, Udiya Mohalla Khurshipara Bhilai District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Khursipara Durg, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent For Applicant :

Ms. Swati Verma, Advocate For State :

Mr. Ravish Verma, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 31/08/2020 Heard.

1. The applicant has been arrested in connection with Crime No.350/2019 registered in Police Station -City Kotwali, Durg, District -Durg (CG) for alleged commission of offence under Sections 307, 294, 506, 323 read with Section 34 IPC.

2. Case of the prosecution, in brief, is that on 27.10.2019 at about 11:20 in the night, after crackling fires, a dispute arose between two group of persons involving present applicant on one hand and victim C.H Girish on the other. It is alleged that at that time, the applicant and other accused persons assaulted the deceased with baseball bat, bricks, hands and fists, in which, the victim sustained one fracture in the parietal bone. It is alleged that the applicant assaulted the victim with an intention to cause his death.

3. Learned counsel for the applicant would argue that as far as present applicant is concerned, there is no specific allegation of he using any

-2weapon to give assault. According to victim, the applicant had used hands and fists and the allegation of giving assault with the help of weapon is on other persons. Therefore, it is prayed, the applicant may be released on bail.

4. On the other hand, learned counsel for the State opposed the bail application by submitting that the diary statement of victim C.H. Girish shows that not only the other accused, but the present applicant also joined other accused in giving assault, resulting in fracture injury on the head of the victim which clearly shows intention of causing death.

5. Taking into consideration the submissions made by learned counsel for the parties, considering the role alleged to be played by the applicant and that there is one single fracture injury and further considering that another coaccused is stated to have given assault by baseball bat on the head of the victim and further that investigation is complete, charge sheet has been filed and the applicant is not likely to abscond or tamper with the prosecution witnesses, I am inclined to grant bail to the applicant.

6. The application is accordingly allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the concerned trial Court with following further conditions:- (i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/-/------ (Manindra Mohan Shrivastava) Judge Praveen