Dayashanker Sahu @ Pappu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.6587 of 2020 • Dayashankar Sahu @ Pappu, Aged About 21 Years S/o Shri Lilaram Sahu, R/o Near Bandhva Talab, Purana Cabin, Rameshwar Nagar, Bhanpuri, Raipur, District (Revenue & Civil)-Raipur, Chhattisgarh ---- Petitioner

Versus

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

Shri Yogesh Pandey, Advocate For Respondent/State :

Shri Lalit Jangde, GA Single Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 29/10/2020 Heard.

1.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.278/2020 registered at Police Station Khamtarai, District Raipur for the offence punishable under Section 307/34 of the IPC. The applicant was arrested on 03-07-2020. 2.

Prosecution case is that the present applicant with an intention to cause death, stabbed the victim at different parts of the body. 3.

Learned counsel for the applicant would argue that the prosecution story is exaggerated and the injuries, which have been found on the body of the victim, are simple in nature. He further submits that the injuries are said to be lacerated and it is doubtful that these injuries could be caused by a knife. He would next submit that on the same date, a counter report was also lodged by the applicant against the complainant stating that the applicant also sustained injuries.

4.

On the other hand, learned counsel for the State/non-applicant opposes the bail application by submitting that the victim sustained one cut injury on the back side of head as also two lacerated wound on the face as also on the

buttock by a pointed object.

5.

Taking into consideration the submission of learned counsel for the parties, nature of allegation and the submission made by learned counsel for the applicant that the injuries caused by a knife is doubtful and further taking into consideration that in this case, investigation is complete, charge sheet has been filed and the applicant is in jail since 03-07-2020, the present appears to be a fit case for grant of bail.

6.

Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- along with one local surety of the like amount to the satisfaction of the concerned trial Court on the condition that he shall appear before the trial Court regularly on each and every date of hearing, unless exempted. Certified copy as per rules.

SD/- (Manindra Mohan Shrivastava) Judge Tumane