High Court Of ChhattisgarhMCRC/4810/2021allowed

Ramchandar Singh And Another v. State Of Chhattisgarh

2021-07-26Hon'Ble The Acting Chief Justice3 pages

HIGH COURT OF CHHATTISGARH, BILASPUR Proceedings through video conferencing MCRC No. 3790 of 2021

1. Sirlok Singh S/o Shivmangal Singh Aged About 40 Years R/o Village Libra Police Station And Tehsil Darima District Surguja Chhattisgarh.

---- Applicant

Versus

1. State of Chhattisgarh Through - Station House Officer, Darima District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondent MCRC No. 4810 of 2021

1. Ramchandar Singh S/o Shivmangal Singh Aged About 55 Years R/o Village Libra P.S. And Tehsil Darima District Surguja Chhattisgarh.

2. Gurbahadur Singh S/o Ramchandar Singh Aged About 25 Years R/o Village Libra P.S. And Tehsil Darima District Surguja Chhattisgarh.

---- Applicant

Versus

1. State of Chhattisgarh Through Station House Officer, Darima, District Surguja Chhattisgarh.

---- Respondent For Applicants - Shri Nishi Kant Sinha, Advocate.

For Respondents/State - Shri V.R. Tiwari, Additional Advocate General with Shri Sudeep Agrawal, Dy.

Advocate General.

Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order On Board 26-07-2021

1. Since both the bail applications are arising out of the same crime number, they are being heard and decided by this common order.

2. The applicants have preferred these first bail applications under Section 439 of the Cr.P.C., as they are arrested in connection with Crime No.59/2021, registered at Police Station Darima, District Surguja (C.G.) for the offence punishable under Section 427, 307, 34 of the Indian Penal Code.

3. The applicant Sirlok Singh and Ramchandar Singh are real brothers, whereas applicant Gurbahadur Singh is nephew of injured Shiv Kumar Singh. When the injured was returning from another village, the applicants obstructed his way and thereafter applicant Ramchandar inflicted blow over his forehead by means of bait (handle) of the Axe causing lacerated wound on the left side of forehead. This incident happened on 29-03-2021 for which, the First Information Report was lodged after ten days. The MLC has reported the injury to be simple in nature.

4. Learned State counsel would oppose the prayer for grant of bail. He also points out that the injury needed 19 stitches for repairing.

5. Considering the close relation between the applicants and the injured and for the fact that these applicants are in jail from on or about 08-04-2021; charge sheet has already been filed and also for the reason that there is no previous criminal antecedent of

any of the applicant, I am inclined to release the applicants on bail.

6. Accordingly, both the bail applications are allowed and the applicants are directed to be released on bail on each of them 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. They are directed to appear before the trial Court on each and every date given by the said Court.

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