High Court Of ChhattisgarhMCRC/3381/2020allowed

Omprakash, v. State Of Chhattisgarh,

2020-08-21Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 3381 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3381 of 2020 • Omprakash, S/o Heeraman Barle, Aged About 35 Years R/o Village Rehachi, Police Station Arjunda, District Balod Chhattisgarh. ----Applicant

Versus

• State Of Chhattisgarh, Through - Station House Officer, Police Station - Arjunda (Wrongly Mentioned As Gunderdehi In The Impugned Order Of The Learned Court Below), District Balod Chhattisgarh. ---- Respondent For Applicant :- Mr. C.R. Sahu, Advocate For Respondent-State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 21/08/2020

1. Heard.

2. The applicant has preferred this application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.43/2020 registered in Police Station Arjunda, Balod C.G. for the offence punishable under Section 307 of the I.P.C.

3. Case of the prosecution, in brief, is that applicant assaulted injured Gouribai by axe causing incised wound near left eye. The injured remained in hospital for five days and has not sustained any bony

MCRC No. 3381 of 2020 injury.

4. Learned counsel for the applicant would submit that injured's son had outraged the modesty of applicant's wife for which an offence under Section 354 of the I.P.C. has been registered against him, therefore, as a counter blast they were raising quarrel and the present false report has been lodged.

5. Learned State counsel would oppose the prayer for grant of bail.

6. Considering that the injured has not sustained any bony injury; the applicant is in jail from 03.02.2020 i.e., for more than 6 1⁄2 months; the charge sheet has already been filed; and injured's son has earlier outraged the modesty of the applicant's wife for which offence under Section 354 of the I.P.C. has been registered against him, this Court is inclined to release the applicant on bail.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of ₹50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- (Prashant Kumar Mishra) Judge Ayushi