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High Court Of ChhattisgarhMCRC/1239/2017allowed

Ajay Kumar Das @ Mantu Das v. State Of Chhattisgarh

2017-03-07Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1239 of 2017 Ajay Kumar Das @ Mantu Das S/o Late Banmalidas Vaishnav, Aged About 31 Years R/o - Gayavihar, Sarkanda, Police Station Sarkanda, Tahsil & District- Bilaspur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through: Police Station Sarkanda, Bilaspur, District - Bilaspur, Chhattisgarh.

---- Respondent For applicant - Shri Raj Kumar Gupta, Advocate. For Respondent/State - Ms. Sunita Jain, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 7/03/2017 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 859/2016 registered in Police Station Sarkanda District Bilaspur for offence punishable under sections 365, 294, 323, 506, 325, 34 of Indian Penal Code & 3 (i) (x) of Schedule Caste Schedule Tribes (Prevention of Atrocities) Act. 2.

As per the prosecution case, a report was made on 5/12/2016 that over some monetary dispute the applicant and three others started assaulting one Subham which lead to fracture of left fore arm and other injuries. It was reported by Ritesh Kumar Netam brother of the injured Subham. Thereby, offence has been committed.

3.

Learned counsel for the applicant submits that on the trivial issue the incident happened and the applicant is in jail since 6/12/2016, no further investigation is necessary, therefore he may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of injured Subham as also injury report.

Considering the facts of the case and the role attributed to this applicant and main allegation of assault is attributed to Pushpendra and Samrath Yadav, this court is inclined to release the applicant on bail. 6.

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 gouri