High Court Of ChhattisgarhMCRC/7591/2020allowed

Sanjay Rajwade v. State Of Chhattisgarh And Another

2021-01-06Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 7591 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7591 of 2020

1. Sanjay Rajwade S/o Tilsai Rajwade, Aged About 37 Years Occupation Labour

2. Tilsai Rajwade, S/o Daula Ram, Aged About 80 Years Both are R/o Village Hariharpur, Post Karji, P.S. Darima, Tahsil Ambikapur, District Surguja Chhattisgarh. ---- Applicants

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station Darima, Tahsil Ambikapur, District Surguja Chhattisgarh.

2. Smt. Sametiya Rajwade W/o Sanjay Rajwade Aged About 30 Years R/o Village Tunguri, Police Station Darima, District Surguja Chhattisgarh ---- Respondents For Applicants :- Mr. Jitendra Shrivastava, Advocate For Respondent-State :- Mr. Sameer Oraon, G.A.

For Respondent No.2 :- Mr. Amit Verma, Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 06/01/2021

1. This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with Crime No.136 of 2019, registered at Police Station Darima, District Surguja for the offences punishable under Sections 294, 506, 307, 324, 34

MCRC No. 7591 of 2020 of the I.P.C.

2. As per the prosecution case, applicant No.1 assaulted his wife by hand, fist and bricks causing injuries over her nose, mouth, forehead and eyebrow for which she was admitted in the hospital and found to have sustained fracture of forehead.

3. Learned State counsel would oppose the prayer for grant of bail.

4. Considering the fact that the applicants are in jail since 03.12.2019 i.e., for more than one year and one month and the victim, who is arrayed as respondent No.2 is not opposing the applicant's prayer for grant of bail., this Court is inclined to release the applicants on bail.

5. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

SD/- (Prashant Kumar Mishra) Judge Ayushi