Kandru v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Kandru S/o Pradhan Bek, Aged About 80 Years R/o Village Aara, Police Station And Tehsil Sitapur, District Sarguja Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Sitapur, District Sarguja Chhattisgarh.

---- Respondent For Applicant :- Ms. Saumya Sharma, Adv. & Mr. Rishabh Gupta, Adv.

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.134/2019 registered in Police Station Sitapur, C.G. for the offence punishable under Section 307, 34 of the I.P.C.

3. Case of the prosecution, in brief, is that injured Jila Beck was married to the applicant's son about 9-10 years back. An attempt was made on her life by forcibly making her to consume insecticide. In the incident which had occurred on 23.07.2019, initially she was assaulted by the applicant and his son and thereafter the poisoning took place. She lodged written complaints firstly on 19.08.2019 and thereafter on 14.09.2019. The second complaint contains some additional allegations. Be that as it may, there is no forensic investigation as to the presence of insecticide in her body. In the medical papers there is a letter written by medical officer to Police Station Sitapur mentioning that she was admitted to the hospital on 24.07.2019 but she left the hospital without informing the hospital administration at 12 noon on 01.08.2019.

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

5. I have heard learned counsel for the parties.

6. Considering the fact that the applicant who is aged about 80 years is in jail since 13.02.2020 and the charge sheet has already been filed, 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