Bholaram v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7792 of 2015 Bholaram S/o Shri Budag Yadav Aged About 28 Years R/o Village Mouhapara Ratanpur, Police Station Kapu, Tah. Dharamjaigarh, District Raigarh Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Kapu, District Raigarh Chhattisgarh.

---- Respondent For applicant - Shri Amit Singh, Advocate.

For Respondent/State - Shri Arvind Shukla, 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. 84/2015 registered in Police Station Kapu, District Raigarh (C.G.) for offence punishable under section 307/34 of Indian Penal Code.

2.

As per the prosecution case on 18/09/2015 complainant was coming to his house, on the reason of previous enmity applicant along with co-accused namely Sukhram assaulted Gopal Yadav by way of tangi and club.

3.

Learned counsel for the applicant submits that allegation against this applicant is only that he has used the club and main allegation of using tangi has been attributed to Buddu Yadav @ Sukhram and medical report also do not support the same, therefore, the applicant may be released on bail.

4.

Learned State counsel do not dispute the fact that medical report do not support the injury by club.

5.

Taking into fact that main allegations are attributed to Sukhram who

used the tangi and allegation against the applicant he used the club, therefore 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