Jeevan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7784 of 2015 Jeevan S/o Tilak Gond Aged About 25 Years R/o Vill. Padhi, P.S. And Teh. Pandaria, Distt. Kabirdham Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Pandaria, Distt. Kabirdham Chhattisgarh.

---- Respondent For applicant - Shri Ajay Ayachi, Advocate.

For Respondent/State - Miss. Sunita Jain, PL. Hon'ble Shri Justice Goutam Bhaduri Order 19/01/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 261/2015 registered in Police Station Pandaria, Dist. Kabirdham (C.G.) for offence punishable under section 294, 506, 323, 436, 324 (wrongly mentioned as 204 in place of 294 in copy of rejection.

2.

As per the prosecution case on 22/11/2015 the applicant was quarreling with his wife. Thereafter, the wife went into the house of Ramsharan brother of the applicant. Thereafter, applicant went there and assaulted Ramsharan and one brother Madan Mohan who also intervened in the matter. Thereafter, burned the cycle tyre, rice bran and therefore the offence has been committed.

3.

Learned counsel for the applicant submits that incident happened in between the family members of the applicant and his brother and they have entered into compromise. He placed documents and would submit that since complainant has compromised with the applicant and it being family affair, the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Taking into account nature of offence and degree of allegations which is attributed to this applicant and further taking into fact that applicant and complainant have entered into compromise and also considering the fact that applicant is in jail since 23/11/2015, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri