Ram Singh Manjhwar v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8942 of 2020 1.

Ram Singh Manjhwar S/o Late Shri Charan Singh Manjhwar, Aged About 45 Years, R/o Village Karumauha, Chauki Rajgamar Korba, Tahsil/District - Korba (C.G.).

---- Applicant

Versus

1.

State Of Chhattisgarh, Through - Out Post Rajgamar, Police Station - Balko Nagar, District - Korba (C.G.). ---- Respondent For Applicant : Shri Sunil Sahu, Advocate appears on behalf of Shri Samir Singh, Advocate.

For Respondent/State : Shri Sameer Uraon, Govt. Advocate. Hon'ble Justice Shri Gautam Chourdiya Order on Board 11/01/2021 1) This is the First Bail Application filed under Section 439 of Code of Criminal Procedure, 1973 by the applicant for grant of bail as he is in custody since 21/07/2020 in connection with Crime No. 320/2020 registered at Out Post Rajgamar, Police Station - Balko Nagar, District Korba (C.G.) for the offence under Sections 294, 506 & 307 of IPC.

2) Allegation against the applicant is that on 11/07/2020 at about 08:30 PM the present applicant assaulted the complainant Ramprasad with axe as a result of which he sustained grievous injury on his ear. On report being lodged to the above effect, offence under the aforesaid section has been registered against the applicant.

3) Learned counsel for the applicant submits that applicant is an innocent person and has been falsely implicated in this case. He submits that the applicant is in jail since 21/07/2020, charge sheet has been filed and conclusion of the trial is likely to take

some time. Therefore, the present applicant be released on bail. 4) On the other hand, learned counsel for the respondent/State opposes the bail application.

5) Heard learned counsel for the parties.

6) Considering the facts and circumstances of the case, nature of injures sustained by the victim which are opined to be not dangerous for life by Doctor, detention period of the applicant, charge sheet has been filed, the applicant has no criminal antecedents as admitted by both the counsel, and fact that the trial is likely to take some time for disposal, without commenting anything on merits of the case, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 50,000/- with two sureties of Rs. 25,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail. He is directed to appear before the Trial Court on each and every date given to him by the said Court, till disposal of the trial.

7) It is made clear that the applicant shall not involve himself in any offence of similar nature in future or else this order granting bail to the applicant shall automatically stands cancelled without further reference to the Bench.

-Sd/- (Gautam Chourdiya) Judge Chandrakant