High Court Of ChhattisgarhMCRC/4516/2019allowed

Satyapreet Singh Chawla @ Shinku Sardar v. State Of Chhattisgarh

2019-09-24Hon'Ble Shri Justice Arvind Singh Chandel2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4516 of 2019 • Satyapreet Singh Chawla @ Shinku Sardar S/o Late Triochan Singh Chawla Aged About 21 Years R/o Behind Vimal Shree Talkies, Purani Basti, Manendragarh, Police Station And Tahsil Manendragarh, District Koriya Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Jhagrakhand, District Koriya Chhattisgarh.

---- Respondent _____________________________________________________________ For Applicant : Mr. Pragalbha Sharma, Advocate on behalf of Mr. Adil Minhaj, Advocate.

For Respondent/State : Ms. Smriti Shrivastava, P.L.

For Objector : Mr. Shivendu Pandya, Advocate.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 24/09/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 76/2019, registered at Police Station - Jhagrakhand, District- Koriya (C.G.) for the offence punishable under Sections 452 & 307 of the IPC.

2. As per prosecution story, on 27.04.2019, at about 6 PM, the applicant has entered into the house of one Rituparna Das, thereafter, he assaulted her and her aunt namely Runu Das with a screw driver. Resultantly, they both have sustained injuries on various parts of their bodies. The matter was reported by one Shubhankar das, son of injured Runu Das. On the basis of said report, offence has been registered. During course of investigation, the applicant has been arrested on 29.04.2019 and since then he is in custody.

3. Learned Counsel appearing on behalf of the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to some dispute with Rituparna Das. He further submits that from the material collected by the prosecution, no case under Section 307 of the IPC can be made out against the applicant. It is further submitted by him that as opined by Doctor, Rituparna Das received simple injuries, whereas, Runu Das has received one injury of grievous nature which was on her left thigh. The applicant is in custody since 29.04.2019, charge-sheet has been filed and trial is likely to take some time. Therefore, the applicant may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State and objector opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution, injuries received by Rituparnadas and Runu Das and further considering the fact that the applicant is in custody since 29.04.2019, charge-sheet has been filed and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- with one local solvent surety for the like sum to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham