Santosh Jangde v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6762 of 2021 • Santosh Jangde S/o Shri Faguram Jangde Aged About 21 Years R/o Mini Basti Jarhabhatha Bilaspur , Police Station Civil Line, Tahsil And District Bilaspur CG ---- Applicant

Versus

• State Of Chhattisgarh Through The Officer In Charge Police Station Civil Line , District Bilaspur CG ---- Non-applicant For applicant Ms. Jyoti Rathore, Adv.

For non-applicant/State Mr. Amit Verma, PL.

Hon'ble Shri Justice N.K. Chandravanshi Order on Board 24-111. As per applicant, this is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 758/2021 registered in police station Civil Lines, Distt. Bilaspur, (CG) for offence punishable under Section 294, 506, 307, 34 of IPC.

3. Brief facts of the case are that on 31-7-2021, applicant and other coaccused persons assaulted husband of the complainant by knife with intention to commit his murder, abused him and threatened to kill him. On the report of the complainant offence was registered against the applicants.

4. Counsel for the applicant argued that the applicant has been falsely implicated in the offence. He has not assaulted the injured, as per medical report, injuries are simple in nature and they are not on vital part of the body. The applicant is in jail since 31-7-2021. He is permanent resident of district Bilaspur. Therefore, he may be enlarged on bail.

5. On the other hand, the State Counsel opposed the bail application and submitted that it is a case under Section 307 of the IPC, applicant and other co-accused persons assaulted the victim by knife with intention to attempt his murder, but anyhow the victim escaped himself,

therefore, stab wound was caused on his left thigh and right hand. However, he submits that there is no criminal antecedent of the applicant.

6. I have heard counsel for both the parties and perused the case diary and the material available on record.

7. Considering the facts and circumstances of the case, detention period of the applicant, nature and gravity of the offence, the role assigned to the applicant in commission of crime, I feel inclined to allow the bail application. Therefore, the application is allowed. It is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 50,000/- along with one personal bond of the like sum to the satisfaction of the trial Court concerned for his appearance before the concerned Court as and when directed by the said Court, he be released on bail.

8. CC as per rules.

Sd/- (N.K. Chandravanshi) Judge Pathak