Umend Ram Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4890 of 2018 Umend Ram Sahu, S/o. Devcharan Sahu, Aged About 23 Years, R/o. Indrapuri Hirri Mains, Ward No. 20 Thana Chakarbhata, District Bilaspur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through Police Station Bilha, District Bilaspur Chhattisgarh.

---- Respondent For Applicant :

Mr. A.K. Yadav, Advocate For Respondent :

Mr. Neeraj Mehta, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 01/08/2018 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.172/2018, registered at Police Station- Bilha, District - Bilaspur (C.G.) for the offence punishable under Section 147, 148, 341, 294, 506-B, 307 of the Indian Penal Code.

2.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. Applicant is in jail since 20.06.2018. No case is made out against him. Only Section 307 of I.P.C. is nonbailable offence, whereas the other offences registered against him are bailable in nature. Hence, it is prayed that the applicant may be enlarged on bail.

3.

On the other hand, the learned counsel appearing for the State opposes the bail application and the submission made in this respect.

4.

I have heard the learned counsel for the parties and perused the documents placed on record.

5.

The allegation against this applicant is this that on the date of incident, this applicant assaulted the injured G.M. Pande with rod on his head causing injuries to him with intent to cause his death being a member of unlawful assembly and armed with deadly weapon. It is also alleged that the complainant and others were abused and threatened in this case.

6.

Considered the submissions made and the contents of the case diary. Considering on the entire material present in the case diary, the medical report of the injured person mentions that the injury caused to the injured was simple in nature. Hence after due consideration, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

It is directed that the applicant shall be released on bail on his 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram