← Library
High Court Of ChhattisgarhMCRC/1241/2016allowed

Ishwar Gond v. State Of Chhattisgarh

2016-03-10Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1241 of 2016 Ishwar Gond, S/o Shri Nammuram Gond, aged about 32 years, R/o Village Bathenapara, Dhamtari, P.S. Dhamtari, Civil & Revenue District Dhamtari (C.G.) ---- Applicant

Versus

The State of Chhattisgarh, Through the Station House Officer, Police Station, City Kotwali, Dhamtari, District Dhamtari (C.G.) ---- Non-applicant For Applicant:

Mr. Sumit Shrivastava, Advocate.

For Non-applicant:

Mr. Ajit Singh, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 10/03/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.312/2015, registered at Police Station City Kotwali, Dhamtari, for the offence punishable under Sections 294, 506B, 326 of the IPC and 25(1)(b) of the Arms Act.

2. Case of the prosecution, in brief, is that the applicant is said to have caused grievous hurt to the complainant by knife.

3. Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in the case. Injury is simple in nature and the applicant is in jail since 27-10-2015. Chargesheet has been filed.

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

5. I have heard learned counsel for the parties and gone through the case diary.

6. Taking into consideration the nature and gravity of offence, facts and

circumstances of the case, pretrial detention of the applicant and chargesheet has been filed, I am of the view that it is a fit case to grant regular bail to the applicant. Accordingly, the application is allowed.

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

Sd/- (Sanjay K. Agrawal) Judge Soma