High Court Of ChhattisgarhMCRC/3884/2021allowed

Mandal @ Gulab Prajapati v. State Of Chhattisgarh

2021-07-26Hon'Ble The Acting Chief Justice2 pages

MCRC No. 3884 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3884 of 2021 • Mandal @ Gulab Prajapati S/o Late Deenbandhu Prajapati, Aged About 36 Years R/o Village And Police Station Marvahi, District Gaurela- Pendra- Marvahi (Chhattisgarh) ---- Petitioner

Versus

• State Of Chhattisgarh Through SHO, Police Station Marvahi, District Gaurela-Pendra-Marvahi (Chhattisgarh) ---- Respondent For Applicant Mr. Vaibhav Goverdhan, Advocate For Respondent /State Mr. VR Tiwari, Additinal Advocate General with Mr. Sameer Sharma, Dy. GA Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 26/7/2021

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.7/2021 registered at Police Station Marvahi, District Gaurela- PendraMarvahi (CG) for the offence punishable under Section 307 of the IPC.

3. On account of a dispute concerning possession over the agricultural land, the present applicant Mandal @ Gulab

MCRC No. 3884 of 2021 Prajapati along with co-accused Vinod (since deceased) caused injuries over the neck of injured Ashok Choudhary by means of razor blade.

4. From the material available in the case diary, it does not appear that the injured was admitted to hospital for any substantial length of time. As per his own statement, immediately after being assaulted, he pretended as if he is unconscious, but when the accused persons ran away, he got up and went to the Police Station for lodging the FIR.

5. Considering that the applicant is in jail since 12.2.2021 i.e. for about 5 1⁄2 months; the charge sheet has already been filed; and there is no previous criminal antecedents, I am inclined to release the applicant on regular bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in 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.

7. Certified copy as per rules Sd/- (Prashant Kumar Mishra) Acting Chief Justice Shyna