Ramesh Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6031 of 2020 • Ramesh Kumar Sahu S/o Late Ramchandra Sahu Aged About 30 Years R/o Chingrajpara, Near Shiv Mandir, Police Station Sarkanda, District Bilaspur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Sarkanda, District Bilaspur Chhattisgarh ---- Respondent For Applicant :

Shri Dharmesh Shrivastava, Advocate For State :

Shri Gagan Tiwari, Dy. Govt. Adv.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/10/2020 Heard.

1.

The applicant has been arrested in connection with Crime No.495/2020 registered at Police Station - Sarkanda, District - Bilaspur (C.G.) for alleged commission of offences under Section 294, 506, 323 & 452 of IPC. 2.

Prosecution case is that the applicant entered the house of the victim and assaulted him with the help of club resulting in simple injuries. 3.

Learned counsel for the applicant would argue that the applicant has been falsely implicated. He has not committed any offence and the allegations are exaggerated. It is submitted that investigation is complete, charge sheet has been filed and the applicant is in jail since 05/08/2020. Therefore, the applicant may be granted bail. 4.

On the other hand, learned State counsel submits that the act of the applicant in entering the house of the victim in the night and assaulting him with a club makes a prima facie case under Section 452 of IPC along with other offences of hurling abuses, threat and causing injury.

5.

Taking into consideration the nature and gravity of allegations, criminal overt act and maximum punishment which could be imposed and also that investigation is complete, charge sheet has been filed, present is a fit case for grant of bail. 6.

Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety 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 make any attempt to tamper with the prosecution witnesses. Certified copy as per rules.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti