Imran @ Imu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4238 of 2018 • Imran @ Imu S/o Late Shabbir Hussain, aged about 28 years, R/o Itwari Bazar para Jagdalpur District Bastar (C.G.) ---- Applicant

Versus

• State of Chhattisgarh - Through : The Police Station Bodhghat, District Bastar (C.G.) ---- Respondent For Applicant.

:

Shri P.K. Tulsyan, Advocate.

For Respondent. :

Shri Vivek Sharma, G.A.

Hon'ble Shri Justice Pritinker Diwaker Order on Board /07/2018 1.

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 since 04.03.2018 in connection with Crime No.53/2018 registered at Police Station : Bodhghat, District Bastar (C.G.) for the offence punishable under Sections 294, 506, 324, 394 and 34 of IPC.

2.

As per the prosecution case, on 14.02.2018 on account of some previous monetary dispute, there was some hot talk between the applicant and other party in a tea shop. It is said that the applicant gave knife blow on the thigh of the complainant.

3.

Learned counsel for the applicant submits that on the fateful day he demanded his money back from the complainant but

not only it was refused but the complainant also abused the applicant and his friends in filthy language. He further submits that during altercation some incident appears to have taken place. It has been further argued that the applicant had no intention to cause any injury, he is in jail since 04.03.2018, the offences are triable by the Magistrate, the charge sheet has been filed and, therefore, he may be released on bail.

4.

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

5.

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

6.

Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicant and the fact that offences are triable by the Magistrate, without further commenting on merit, this Court is of the opinion that it is a fit case to release the applicant on bail. 7.

Accordingly, the application is allowed and the accused/applicant is directed to be released on bail on his furnishing a personal bond of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before it as and when directed. Sd/- (Pritinker Diwaker) Judge Vijay