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High Court Of ChhattisgarhMCRC/2464/2016allowed

Aasu @ Asutosh Singh v. State Of Chhattisgarh

2016-06-20Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2464 of 2016 Aasu @ Asutosh Singh S/o. Shri Santosh Singh, aged about 27 years, R/o. Thakurpara, Purani Basti, Police Station- Purani Basti, Raipur District Raipur (C.G.) ---- Applicant

Versus

State of Chhattisgarh Through Station House Officer, Police Station Purani Basti, Raipur (C.G.) ---- Respondent For Applicant :- Mr. C.R. Sahu, Advocate For Respondent/ State :- Mr. Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board By 20/06/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 353/2015 registered at Police Station- Purani Basti, Raipur, District - Raipur (C.G.) for the offence punishable under Sections 307,34 of Indian Penal Code and section 25/27 of Arms Act.

2.

Case of the prosecution, in brief, is that 21.12.2015, the applicant along with the other co-accused assaulted the complainant Pankaj @ Rahul by knife wherein the complainant sustained three grievous injuries one on left hand another on left thigh and the other on chest, thereby the offence has been committed. 3.

Counsel for the applicant submits that all the injuries were simple in nature and the charge sheet has been filed and no further

investigation is necessary in this case. He further submits that the applicant is in jail since 23.12.2015, therefore, he may be enlarged on bail.

4.

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

Considering the nature of injuries, taking into the fact that the charge sheet has already been filed and the other co-accused person namely Somu @ Yogesh Thakur has been granted bail by the coordinate Bench of this High Court in M.Cr.C. No. 1680/2016 on 17.03.2016, this Court is of the opinion, that present is a fit case, in which, the applicant should be enlarged on regular bail. 6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Santosh