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High Court Of ChhattisgarhMCRC/6517/2020allowed

Santosh Sahu @ Manoj Sahu v. State Of Chhattisgarh

2020-12-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6517 of 2020 • Santosh Sahu @ Manoj Sahu S/o Baratu Sahu Aged About 23 Years R/o Sainath Colony, Kota, Thana Sarswati Nagar, District - Raipur Chhattisgarh.

---- Appellant

Versus

• State Of Chhattisgarh Through, District Magistrate Durg, District - Durg Chhattisgarh. Through Police Station - Kumhari, District - Durg Chhattisgarh. (Police Station Wrongly Mentioned In Impugned Order) ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Akath Kumar Yadav, Advocate For Respondent :

Mr. Gagan Tiwari, G.A.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 15.12.2020

1. The applicant has preferred this application u/s 439 of Cr.P.C. for grant of bail as he is arrested on 11.06.2020 in connection with Crime No. 87/2020 registered at Police Station Kumhari District Durg (C.G.) for offence punishable under section 307 of IPC.

2. As per the prosecution case on 11.06.2020, the applicant along with the victim and other friends went for picnic and on some issue the incident happened and the applicant assaulted the victim namely Sagar Ratre by way of knife thereby the offence is committed and the injury was enough to cause death.

3. Learned counsel for the applicant would submit that that the applicant and the victim all were friends and went for picnic and over catching of fish and taking bath the incident happened, therefore there was no intension of killing and the victim was admitted in the hospital for a day only. He further submits that

charge sheet has been filed and the applicant may be enlarged on bail.

4. Learned State counsel opposes the arguments advanced by learned counsel for the applicant.

5.

Perused the statement of the victim and the background on which the offence has been committed, I am inclined to grant bail. Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) Judge Jyoti