Manmohan Sonkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.5747 of 2020 • Manmohan Sonkar S/o Ramsyambar Aged About 28 Years R/o Mouhar Para, Tahsil And District Manendragarh District Korea Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Manendragarh District Korea Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh ---- Respondent For Applicant :

Shri Hemant Kumar Agrawal, Advocate For Respondent/State :

Shri Gagan Tiwari, Dy.GA Single Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 19/10/2020 Heard.

1.

The applicant has been arrested in connection with Crime No.144/2020 registered at Police Station-Manendragarh, District - Koriya (C.G.) for alleged commission of offences under Section 341, 294, 506, 307, 34 of IPC. 2.

Prosecution case is that the applicant assaulted with rod and club in which five persons sustained injury. Out of these, three victims sustained injury on their chest and head also.

3.

Learned counsel for the applicant would submit that the applicant is not aggressor. The complainants opened assault. The applicant has sustained injury. It is submitted that investigation is complete and charge sheet has been filed, therefore, he may be granted bail.

4.

On the other hand, learned State counsel submits that the applicant opened assault with rods and club causing head injury. Therefore, he may not be granted bail.

5.

Taking into consideration the submission of learned counsel for the parties, particularly, taking into consideration that the applicant side has also lodged report alleging assault on him and injury caused and further taking into consideration that investigation is complete, charge sheet has been filed, at this

stage, I am inclined to grant bail to the applicant. 6.

Accordingly, the bail application is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the Trial Court on the condition that - a) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) He shall not in any manner, tamper with the prosecution witnesses. Repetition of the offence against the victims or any other person, shall render the bail granted, liable to be cancelled. Certified copy as per rules SD/- (Manindra Mohan Shrivastava) Judge Tumane