Rohit Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2943 of 2018 Rohit Sahu S/o Late Tulsiram Sahu Aged About 28 Years R/o Nehru Chowk Street No. 18 Ward No. 19 Camp-1, Bhilai, District Durg Chhattisgarh, District : Durg, Chhattisgarh.
---- Applicant
Versus
State Of Chhattisgarh Through The District Magistrate, Station House Officer, Police Station Chhawni, District Durg Chhattisgarh, District : Durg, Chhattisgarh.
---- Respondent For the Applicant :
Shri Avinash Chand Sahu, Advocate.
For the Respondent/State :
Shri Neeraj Mehta, P.L.
Hon'ble Shri Justice Rajendra Chandra Singh Samant
ORDER
18.06.2018 Heard.
1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 4 of 2018, registered at Police Station Chhawni, District Durg, Chhattisgarh for the offence punishable under Sections 307, 294 and 506B of the Indian Penal Code. 2.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. No case is made out for the offence under Section 307 of the Indian Penal Code according to the material present in the charge-sheet against this applicant. The applicant is a Shiksha Karmi and his career shall be jeopardized in case he is not released on bail. The applicant is in jail since 2.1.2018 and the trial of the case is likely to take
some time for its final disposal. Hence, it is prayed that the applicant be enlarged on bail.
3.
On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.
Heard counsel for both the parties and perused the case diary. 5.
On the date of incident, it is alleged that the applicant assaulted the complainant with knife causing injuries on his face, neck, abdomen and right hand. The doctor has opined that if the injuries would have not been treated immediately, the injuries caused to him may have resulted in his death. 6.
After considering the facts and circumstances of the case and the material in the case diary, it appears that the applicant has no criminal antecedents and there is no specific report of the examining doctor that the injuries caused to the deceased were sufficient to cause death in ordinary course of nature, hence, I am of the considered view that this is a fit case for grant of bail to the applicant.
7.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
8.
It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to
the satisfaction of the concerned trial Court, for his appearance as and when directed.
Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi