High Court Of ChhattisgarhMCRC/5177/2020allowed

Motiram Nag v. State Of Chhattisgarh

2020-09-21Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5177 of 2020 • Motiram Nag s/o Late Sukhram Aged about 55 years, R/o Chitalanka Pandalpara P.S. Kotwali Dantewada, District Dantewada (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Dantewada, District Dantewada (CG) ---- Respondent For Applicant.

Mr. Vikash A Shrivastava, Advocate.

For Respondent/State :

Mr. Rahul Jha, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 21.9.2020

1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 50/2020 registered at Police Station : Dantewada, District Dantewada (C.G.) for the offence punishable under Sections 307 & 506-B of the IPC.

2. The prosecution story in brief is that, the applicant called the complainant to his house and when the complainant reached, the applicant was quarraling with his wife and the complainant tried to intervene, the applicant assaulted him with axe. Based on that, after investigation, offence has been registered and he has been arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question because

he was not involved in any such incident. The applicant is in jail since 4.6.2020 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

4. On the other hand, State counsel strongly opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and the detention period of the applicant, 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 surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

8. Certified copy, as per rule.

Sd/ (Rajani Dubey) Judge sunita