Sanat Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6150 of 2020 • Sanat Chandrakar S/o Loknath Chandrakar, Aged About 37 Years R/o Bhatapara Anda, Police Station and District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through, District Magistrate Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------------- For Applicant :

Mr. B.P. Singh, Advocate.

For State :

Mr. Vimlesh Bajpai, Govt. Advocate Hon'ble Shri Justice Gautam Chourdiya Order on Board 2-12-2020

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. as he is in jail since 20-6-2020 in connection with Crime No. 210 of 2020 registered in Police Station- Pulgaon, District Durg (CG) for the offence punishable under Section 307 of IPC.

2. The case of the prosecution is that the present applicant is the son of victim/complainant Smt. Sarojini Chandrakar. Some dispute arose between them regarding money. The applicant demanded money from his mother and when she denied, he assaulted his mother by cooker, as a result of which she sustained injuries and thereby the applicant committed the

aforesaid offence.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the applicant had no intention to cause injuries to his mother and all of a sudden he assaulted his mother and as per medical report, the injuries sustained by the complainant/victim are simple in nature. He further submits that the charge sheet has been filed, the applicant is languishing in jail since 10-6-2020 and conclusion of the trial is likely to take some time, therefore, the present applicant may be granted bail.

4. On the other hand, learned counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the record.

6. Considering the facts and circumstances of the case, further considering the nature of injuries, complainant/victim has been discharged from hospital and further considering the detention period of the applicant, charge-sheet has been filed and conclusion of the trial may take some time, I am of the opinion that present is a fit case to enlarge the applicant on bail.

7. Accordingly, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.25,000/- with two equivalent sureties for the like amount to the satisfaction of the concerned trial Court, he shall be

released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court, till disposal of the trial.

8. It is made clear that the applicant shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stand cancelled without further reference to the Bench. Sd/- (Gautam Chourdiya) Judge Raju