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High Court Of ChhattisgarhMCRC/5543/2015allowed

Sonchand @ Manglu v. State Of Chhattisgarh

2015-10-13Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.5543 of 2015 Sonchand @ Manglu, aged about 48 years, S/o Mehattar Satnami, R/o Village Chandrakhuri, Police Chowki Sargaon, Police Station Pathariya, TahsilPathariya, Revenue District Mungeli, Civil District Bilaspur (CG) ---Applicant

Versus

State of Chhattisgarh Through-Station House Officer, Police Station-Pathariya, (Outpost Sargaon), District Mungeli (CG) ---Non-applicant For Applicant :

Mr. Akhil Mishra, Advocate For Non-applicant :

Mr. Anil S. Pandey, Government Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 13/10/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.121/2015, registered at Police StationPathariya (Outpost-Sargaon), District-Mungeli (C.G.), for the offence punishable under Sections 294, 506 and 307 of the IPC.

2.

Case of the prosecution, in brief, is that on 24.4.2015 the present applicant assaulted injured Shankar Lal Agrawal by wooden stick by which the injured suffered grievous injuries, which were sufficient to cause his death. 3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that on account of some political dispute, offence has been registered, in which he is in jail since 25.6.2015 and chargesheet has already been filed. 4.

On the other hand, learned counsel for the State would oppose the

bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and dispute between the parties; pre-trial detention of the applicant; nature of injuries and the fact that chargesheet has already been filed, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-