Temanlal Sahu v. State Of Chhattisgarh

MCRC No. 4242 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceeding through video conferencing MCRC No. 4242 of 2021 • Temanlal Sahu S/o Haldhar Sahu, Aged About 22 Years R/o Village Dharampura, Police Station Balod, District Balod Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through The Station House Officer, Balod, District Balod Chhattisgarh.

---- Respondent _____________________________________________________ For Applicant - Shri Arvind Kumar Dubey, Advocate.

For Respondent/State - Shri Arjit Tiwari, Panel Lawyer.

Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order on Board 03-08-2021

1. Heard.

2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C., as he has been arrested in connection with Crime No.122/2021, registered at Police Station - Balod, District- Balod (C.G.) for the offence punishable under Section 456 and 307 of the Indian Penal Code.

3. The applicant has caused burn injuries on the person of injured who happens to be his own brother-in-law. It is said that the incident happened at about 10:15 p.m. on 05-04-2021, for which the FIR was lodged on 6-4-2021 at about 19:10 p.m. and MLC was conducted on 6-4-2021.

MCRC No. 4242 of 2021

4. Referring to the papers concerning the treatment provided to the injured, Shri Arvind Kumar Dubey, learned counsel for the applicant submits that in the treatment papers, at several places, the date of admission and treatment is mentioned as 05-04-2021, 7:15 a.m. and in the discharge slip of Christian Hospital, Dhamtari, where the injured was referred, the date of incident is mentioned as 04-04-2021. Thus, according to Shri Arvind Dubey, an incident which happened on 04-04-2021 in which the applicant has no role to play, has been falsely shouldered on the applicant just for the reason that his relation with his wife (sister of the injured) is strained.

5. Learned State counsel would oppose the prayer for grant of bail.

6. Considering that the applicant is in jail since 7-4-2021 i.e. for about four months; charge sheet has already been filed; the deceased had suffered only 18-20% injuries and has fully recovered and all other relevant aspects of the matter, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his 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.

SD/- (Prashant Kumar Mishra) Acting Chief Judge Amardeep