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High Court Of ChhattisgarhMCRC/3723/2021allowed

Prakash Kumar Sahu @ Lallu And Another v. State Of Chhattisgarh

2021-07-22Hon'Ble The Acting Chief Justice2 pages

MCRC No.3723 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3723 of 2021

1. Prakash Kumar Sahu @ Lallu S/o Ashwani Sahu Aged About 27 Years R/o- Amleshwardih Sheetla Mandir Chowk, Police Station Amleshwar District - Durg Chhattisgarh.

2. Bhuneshwar S/o Ashwani Sahu Aged About 29 Years R/o - Amleshwardih Sheetla Mandir Chowk, Police Station Amleshwar District - Durg Chhattisgarh.

---- Applicants

Versus

1. State Of Chhattisgarh Through - S H O Police Station - Amleshwar District - Durg Chhattisgarh.

---- Respondent For Applicants Mr. Avinash Chand Sahu, Advocate For Respondent /State Mr. Chandresh Shrivastava, Dy. AG (Proceedings through Video Conferencing) Order on Board By Prashant Kumar Mishra, Ag. CJ 22/7/2021 1.

Heard.

2.

The applicants have preferred this bail application under Section 439 of the Cr.P.C. for grant of bail as they have been arrested in connection with Crime No.82/2020, registered at Police Station Amleshwar District Durg (CG), for the offence under Section 307, 34 of the Indian Penal Code.

MCRC No.3723 of 2021 3.

Applicants have allegedly caused injuries over the abdomen of injured Manoj Kumar Sahu by means of knife. The incident happened at about 6.00 pm on 1-9-2020, however, when examined in the Court the injured has not supported the prosecution and has refused to identify the person who has caused injuries to him.

4.

Learned counsel for the State, per contra, would oppose the bail application.

5.

Considering the facts situation of the case, particularly considering the state of evidence on record, as also for the fact that the applicants are in jail since 2-9-2020 i.e. for more than 10 months, and the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicants on regular bail.

6.

Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

7.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Gowri Acting Chief Justice