Gautam Rangari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.7386 of 2020 • Gautam Rangari S/o Mahendra Singh Rangari Aged About 19 Years R/o Near Sai Mandir, Sai Nagar, House Of Bhosle, Urla, Police Station Mohan Nagar, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through District Magistrate, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent For Applicants :

Shri Ajay Thakre, Advocate For Respondent/State :

Shri Lalit Jangde, GA Single Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/12/2020 Heard.

1.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.99/2020 registered at Police Station Mohan Nagar, Durg, District Durg for the offence punishable under Section 307, 323, 324 of IPC. The applicant was arrested on 11-03-2020. 2.

Case of the prosecution is that on the day of Holi Festival, the applicant and his brother consumed liquor and thereafter, in connection with theft of Rs.500/-, a dispute arose between the applicant and his brother, then the applicant assaulted his brother by using knife. He would further submit that there was no intention of the applicant to cause injury to his brother and all this incident happened as both of them were intoxicated. He submits that none of the injuries have been reported to be grievous in nature and on the date of medical examination itself, the victim was discharged. He lastly submits that the applicant was in jail since 11-03-2020, investigation is complete, charge sheet has been filed and trial is likely to take some time for final disposal, therefore, he may be granted bail.

3.

On the other hand, learned counsel for the State/non-applicant opposes the bail application by submitting that in view of the statement of the victim and

the injuries sustained by the victim on different parts of the body, prima facie case is made out.

4.

Considering the submission made by learned counsel for the parties, particularly the background, in which, the weapon alleged to be used and further that the injuries sustained by the victim are simple in nature and also the fact that on the date of medical examination of victim, he was discharged, without commenting upon the merits of the case, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 5.

Accordingly, the application is allowed. It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- along with one local surety of the like amount to the satisfaction of the trial Court on the condition that he shall appear before the trial Court regularly on each and every date of hearing, unless exempted.

Certified copy as per rules.

SD/- (Manindra Mohan Shrivastava) Judge Tumane