High Court Of ChhattisgarhMCRC/4325/2021allowed

Lalit Ram Korwa v. State Of Chhattisgarh

2021-08-05Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4325 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4325 of 2021 • Lalit Ram Korwa S/o Jethu Ram Korwa Aged About 26 Years However Not Mentioned In The Bail Rejection Order, R/o Village Kurhatepna, Police Station Bagicha, District Jashpur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Though Police Station Bagicha, District Jashpur, Chhattisgarh.

---- Respondent For Applicant :- Mr. Jai Prakash Shukla, Advocate For Respondent-State :- Mr. Sudeep Agrawal, Dy.A.G.

Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 05/08/2021

1. The applicant has preferred this bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.47/2020 registered in Police Station Bagicha, Dist- Jashpur C.G. for the offence punishable under Sections 269, 270, 271, 188, 326, 506 B of the I.P.C., Section 3 of the Epidemic Act, 1897 and Section 51 of the Disaster Management Act, 2005.

2. After his return from Maharashtra, applicant was sent to a quarantine center, however, he absconded from the center

MCRC No. 4325 of 2021 and on reaching his house he inflicted injuries causing amputation of right hand from below elbow of his wife Piyarmuni Bai.

3. The prosecution has not alleged commission of offence under Section 307 of the I.P.C. and despite causing injuries/ amputation of her hand, the allegation is under Section 326 of the I.P.C. only. Moreover, the injured Piyarmuni Bai has already been examined before the trial Court and she has turned hostile.

4. The present applicant is in jail since 15.5.2020 i.e., for about one year and three months, therefore, considering the length of pretrial detention and quality of evidence, I am inclined to release the applicant on bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.50,000/- 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.

Certified copy as per rules.

SD/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi