High Court Of ChhattisgarhMCRC/8293/2020allowed

Basant Ram v. State Of Chhattisgarh

2021-02-11Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 8293 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8293 of 2020 Basant Ram, S/o Shri Gedaram, aged about 57 years, by caste Rajwar, R/o Village Jagdishpur, Police Station Bhatgaon, District Surajpur (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Bhatgaon, District Surajpur (CG) ---- Non-Applicant For Applicant : Shri Nitesh Shrivas, Advocate.

For Non-Applicant : Shri Anshuman Shrivastava, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/02/2021 :-

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.85/2020 registered in Police Station Bhatgaon, District Surajpur for offence under Sections 307, 294, 341 and 506/34 of the IPC.

2. Pursuant to the land dispute between the applicant and injured Ram Kumar Rajwade, a Panchayat meeting was convened on the date of the incident in which no settlement could be arrived at and thereafter at about 3.30 pm on the same day i.e. 20.9.2020, co-accused Samay and Dinesh Rajwade, both sons of the present applicant, armed with axe and the present applicant being unarmed assaulted the injured Ram Kumar

MCRC No. 8293 of 2020 causing injuries over his head and other parts of the body. Head injury has been found to be grievous but the said injury has been caused by sharp and heavy object, which was possessed by other accused Samay and Dinesh but not by the present applicant.

3. Considering the entire fact situation of the case, particularly the nature of allegations and for the fact that the applicant was unarmed, he is in jail since 20.9.2020 and the charge sheet has already been filed, I am inclined to release him on bail.

4. Accordingly, the application is allowed and the applicant is directed to be released on bail on his 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. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Judge (Prashant Kumar Mishra) Barve