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High Court Of ChhattisgarhMCRC/4438/2021allowed

Daroga v. State Of Chhattisgarh

2021-08-17Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4438 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4438 of 2021 • Daroga S/o Mukhsai Aged About 55 Years Caste- Kewat, Occupation- Cultivator, R/o Village- Dhangawan, Police Station- Ambikapur Dehat (Gandhinagar), Tahsil- Ambikapur, District- Surguja, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station- Gandhinagar, Ambikapur, District- Surguja, Chhattisgarh.

---- Respondent For Applicant :- Mr. Rahul Mishra, 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 17/08/2021

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.109/2021 registered in Police Station Gandhinagar, Ambikapur, District Surguja C.G. for the offence punishable under Sections 307, 435 of the I.P.C.

MCRC No. 4438 of 2021

2. Applicant has allegedly caused injuries over the person of his brother by means of axe. The injured sustained depressal fracture of right temporal bone and mild hemorrhage in right cerebral region .

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

4. Although the injuries caused to the injured appears to be grievous but considering that the applicant and injured are real brothers and the incident happened on a trivial dispute and both of them had consumed liquor as also for the reason that applicant is in jail since 03.3.2021; charge-sheet has already been filed and he has no previous criminal antecedent, I am inclined to release him 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