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High Court Of ChhattisgarhMCRC/4679/2020allowed

Balindar v. State Of Chhattisgarh

2020-09-28Hon'Ble Smt. Justice Rajani Dubey2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4679 of 2020 • Balindar, S/o. Late Dhansai Pathari, Aged about 26 years, R/o. Village Kolhua, PS Basantpur, District Balrampur-Ramanujganj CG ---- Applicant

Versus

• State Of Chhattisgarh, Through The Police Chowki, Wadrafnagar, PS Basantpur, District Balrampur-Ramanujganj, CG ---- Respondent For Applicant : Shri A.N.Pandey, Advocate For Respondent /State : Shri Rahul Jha, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 28/09/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 61/2020 registered at police station Wadrafnagar, Basantpur, District Balrampur-Ramanujganj(CG) for the offence punishable under Sections 324,326 and 307 IPC. As per prosecution case, report was lodged by the complainant alleging that when he was sleeping in his house, applicant came and assaulted him with a sickle and caused injuries. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that only one injury has been caused by the applicant and that there is every possibility of there being compromise between the parties. Lastly, he submits that

the applicant is in jail since 15.06.2020; charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore he may be released on bail. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna