High Court Of ChhattisgarhMCRC/3364/2020allowed

Tekan Sai v. State Of Chhattisgarh

2020-07-13Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3364 of 2020 • Tekan Sai S/o Bandhu, aged about 50 years (Wrongly written as 63 in bail order), R/o Village Malsaipara Kot, P.S. & Tehsil Sitapur, District Surguja (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Sitapur, District Surguja (C.G.) ---- Respondent For Applicant.

Mr. Nishikant Sinha, Advocate.

For Respondent/State :

Mr. Vimlesh Bajpai, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 13.07.2020

1. Heard on admission.

2. Admit.

3. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 144/2019 registered at Police Station : Sitapur, District Surguja (C.G.) for the offence punishable under Sections 294, 326, 506-B, 324 of the IPC.

4. As per the prosecution case, the allegation against the present applicant is that, he assaulted the victim with the help of Axe, due to which, the victim sustained injury on his left hand. Based on that, offence has been registered against the applicant and the applicant was arrested.

5. Learned counsel for the applicant submits that the applicant

has been falsely implicated in the crime in question. Counsel for the applicant further submitted that the victim and applicant are relatives and due to family dispute, an altercation took place between them, however the injured Surmar Sai filed an afÏdavit in support of bail application as they have already settled their dispute. He next submitted that the applicant is in jail since 07.01.2020, therefore, he may be released on bail.

6. On the other hand, State counsel opposes the bail application.

7. I have heard learned counsel for the parties and perused the record.

8. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, as the applicant is in jail since 07.01.2020 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

9. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu