Lakshandhari Gond v. State Of Chhattisgarh,

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6518 of 2020 • Lakshandhari Gond S/o Bechan Gond Aged About 30 Years R/o Ramnagar, Najrapara, Police Chowki Wadrufnagar, Police Station Basantpur, District Balrampur - Ramanujganj Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through - Station House Officer Police Station - Basantpur, District Balrampur - Ramanujganj Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Arun Shukla, Advocate For Respondent :

Ms. Richa Shukla, Dy. 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 05.08.2020 in connection with Crime No. 76/2020 registered at Police Station Basantpur District Balrampur-Ramanujganj (C.G.) for offence punishable under sections 294, 506, 323, 307, 34 of IPC.

2. As per the prosecution case on 02.07.2020, over sowing of field the applicant entered into dispute with his brother and assaulted him by way of rod on his head.

3. Learned counsel for the applicant would submit that over a family dispute the incident happened and counter case has also been registered as the applicant was also assaulted. He would further submit that charge sheet has been filed, however investigation would be necessary, therefore, the applicant may be released on bail.

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

5.

Considering the background of the incident on which it happened as two of the brothers entered into dispute which aggravated and eventually resulted into the injury to both the sides. Taking into such fact and considering that the charge sheet has already been filed, 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