Dhan Singh Kanwar v. State Of Chhattisgarh

MCRC NO.2812 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2812 of 2019

1. Dhan Singh Kanwar S/o Amol Singh Kanwar Aged About 30 Years R/o Village - Nawagaon (Tendubhatha) Police Station - Ratanpur, District Bilaspur Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station Ratanpur District Bilaspur Chhattisgarh. ---- Respondent For Applicant Ms Meenu Banerjee, Advocate For Respondent/State Shri Rajesh Singh, Govt. Advocate Order On Board By Hon'ble Smt. Justice Rajani Dubey 24/05/2019 1.

Heard.

2.

The applicant has preferred this bail application filed under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.403/2018 registered in Police Station Ratanpur, Bilaspur, for the offence punishable under Sections 294, 506, 323 & 307 read with Section 34 of the Indian Penal Code.

MCRC NO.2812 of 2019 3.

Case of the prosecution, in short, is that owing to some previous land dispute the applicant along with co-accused Prem Singh & Aghani Bai assulted the injured Jaylal Singh Kanwar and as a result of which he sustained injuries on his head. 4.

Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in the case. In fact, there is no intention to commit the alleged offence and the injuries sustained by the victim are simple in nature. Therefore, the applicant deserves to be released on bail.

5.

Shri Rajesh Singh, learned Govt. Advocate appearing for the State, per contra, would oppose the application for grant of bail.

6. Having regard to the facts situation of the case, particularly considering the fact that the injuries sustained by the victim are simple in nature and also considering the fact that the charge sheet has already been filed; further considering the fact that the applicant is in detention since 23-12-2018 i.e. more than five months, this Court is inclined to release him on bail. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety for 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.

Sd/- (Rajani Dubey) Vacation Judge Gowri