Mahaveer v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2423 of 2016 Mahaveer S/o Balarsai Baiga Aged About 30 Years R/o Junadih, Lailunga, Tahsil - Lailunga, District Raigarh Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through - Station House Officer, Police Station Lailunga, District : Raigarh Chhattisgarh ---- Respondent For applicant - Shri Ashish Gupta, Advocate. For Respondent/State - Shri Lav Sharma, PL for the State. Hon'ble Shri Justice Goutam Bhaduri Order 20/06/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 78/2016 registered in Police Station Lailunga, District Raigarh (C.G.) for offence punishable under section 327 of Indian Penal Code.

2.

As per the prosecution case on 23/03/2016 the applicant demanded money from Tilak wherein he was working for liqour. On being refused, they entered into scuffle and the applicant assaulted Tilak by way of stone on his head.

3.

Learned counsel for the applicant submits that the incident happened on 23/03/2016 and the report was made on 27/03/2016. He further submits that report was not made by victim but it was made by one Deepak and since applicant was working under Tilak some dispute arose over payment of money and as such applicant has been falsely implicated in the case. Therefore, learned counsel submits that the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail.

5.

I have perused the case diary as also medical report. Taking into background of the case and gravity of offence, this court is inclined to release the applicant on bail.

6.

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

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri