Pawan Kumar Baghel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.3697 of 2015 Pawan Kumar Baghel S/o Narayan Prasad Baghel, aged about 24 years, Caste-Satnami, R/o Village - Khaira, Police Station-Masturi, Civil and Revenue District - Bilaspur (CG) ---Applicant

Versus

State of Chhattisgarh, Through-Station House Officer, Police Station - Masturi, District- Bilaspur (CG) ---Non-applicant For Applicant :

Mr. Dharmesh Shrivastava, Advocate For Non-applicant :

Mr. Aditya Sharma, Panel Lawyer Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 03/08/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.153/2015, registered at Police Station-Masturi, Distt.Bilaspur (C.G.), for the offence punishable under Section 324 of the IPC and 25 of the Arms Act. 2.

Case of the prosecution, in brief, is that the applicant alleged to have assaulted and caused hurt to complainant Manoj Yadav on 27.5.2015 and thereby committed the aforesaid offence.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and has falsely been implicated in offence in question. Learned counsel would further submit that the applicant is in jail since 29.5.2015 and charge-sheet has already been filed.

4.

On the other hand, learned State counsel would oppose the bail application.

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; nature of injury and nature of weapon recovered i.e. knife, this Court is of the opinion that present is the fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-