Rajesh Baghel And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2409 of 2016

1. Rajesh Baghel, S/o Lakhan Baghel, Aged About 22 Years,

2. Maniram Tandon @ Goiha S/o Budharu Ram Tandon Aged About 30 Years, Both R/o Kachna, B.S.U.P. Colony, 32/10, Post Office Raipur, Police Station Vidhansabha, Raipur, Tahsil & District Raipur, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Vidhansabha, District Raipur, Chhattisgarh. ---- Respondent For applicants - Shri Shivendu Pandya, Advocate. For Respondent/State - Miss. K. Tripthi Rao, PL. Hon'ble Shri Justice Goutam Bhaduri Order 20/06/2016 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No. 65/2016 (As per charge sheet) registered in Police Station Vidhansabha, District-Raipur (C.G.) for offence punishable under sections 327, 294, 506, 323/34 of Indian Penal Code.

2.

As per the prosecution case on 29/02/2016 the applicants demanded money from the complainant Gopal Khare and on being refused, he was assaulted by rod on his head by which he suffered fracture on his skull. Thereby, the offence is committed. 3.

Learned counsel for the applicants submits that the complainant infact has borrowed money from applicant No.1 Rajesh Baghel and when the amount was demanded back then dispute arose and there was no intention to commit such offence. He further submits that charge sheet has

been filed and no further investigation is necessary. He submits that taking into nature of injury and back ground of the case, the applicants may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

I have perused the case diary. Considering the facts and circumstances of the case, back ground of the offence and also for the fact that charge sheet has been filed and applicants are in jail since 1/03/2016, this court is inclined to release the applicants on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri