Sohan Pando v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4354 of 2020 • Sohan Pando S/o Kunwar pando aged about 45 years, CastePando, R/o Lanjit Nagerapara, Police Station-Odgi, DistrictSurajpur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through - Station House ofÏcer, P.S. Odgi, District-Surajpur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Sharad Mishra, Adv.

For Respondent/State :

Ms. Sunita Jain, G. A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 18/08/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 12/2020 registered at Police Station Odgi, District-Surajpur (C.G.) for the offence punishable under Section 307 of the IPC.

2. It is alleged that the applicant has inflicted grievous hurt on the injured Tilak Dhari Singh with the help of axe (Tangi), due to this, Tilak Dhari singh sustained grievous injuries on head. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that there is quarrel between the applicant and injured persons and the sustained injury is simple in nature. He next submits that the applicant is in jail since 22.03.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the allegation against the applicant

is of serious in nature; therefore, no case is made out for grant of bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering that the sustained injury is simple in nature, applicant is in jail since 22.03.2020, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu