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High Court Of ChhattisgarhMCRC/3803/2018allowed

Sadan Mandal @ Damar Mandal v. State Of Chhattisgarh

2018-06-26Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.3803 of 2018 • Sadan Mandal @ Damar Mandal S/o Nirmal Mandal Aged About 23 Years Caste- Namosudra, R/o- Village Thakurpara, Police Station Narayanpur, Tehsil Narayanpur, District- Narayanpur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through- District Police Station Adka, District- Kondagaon, Chhattisgarh.

---- Respondent For Applicant : Shri PK Tulsyan, Advocate For respondent/State : Shri Sameer Behar, Panel Lawyer Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 26.6.2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, for grant of bail to the applicant who has been arrested on 16.01.2018 in connection with Crime No.01/2018, registered at Police Station Adka, DistrictKondagaon (CG) for the offence punishable under Sections 307 & 34 of the Indian Penal Code.

2.

Case of the prosecution is that present applicant along with co-accused attempted to commit murder of victim Sukhlal with weapons.

3.

Learned counsel for the applicant submits that victim Sukhlal has sustained incised wound on his left hand thumb which is not dangerous to life and the present applicant was not having

any weapon in his possession. He is in custody since 16.01.2018, he may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

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

6.

Looking to the nature of injury and other facts and peculiar circumstances of the case, without further commenting on the merits of the case, I am inclined to allow the application. 7.

Accordingly, application filed under Section 439 of the CrPC is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

Sd/- (Ram Prasanna Sharma) JUDGE Bini