High Court Of ChhattisgarhMCRC/5571/2017allowed

Lalit Banjare v. State Of Chhattisgarh

2017-11-29Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5571 of 2017 Lalit Banjare S/o Budhe Lal Banjare, Aged About 20 Years R/o Near Reliance Tower, Fouji Nagar, Housing Board, Thana Jamul, Tahsil Civil And Revenue District Durg Chhattisgarh. --- Petitioner

Versus

State of Chhattisgarh through the District Magistrate, Durg, Chhattisgarh. --- Respondent For the applicant :

Mr. Vikram Sharma, Advocate For the Respondent :

Mr. Dhiraj Wankhede, Dy.Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .11.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 344 of 2017 registered at Police Station Jamul, Distt. Durg (C.G) for the offences punishable u/ss 436, 327, 294, 323 & 506 of IPC.

2. As per the prosecution case, on 27.06.2017, the complainant who is mother of the applicant demanded money to consume liquor and the money having not been given, he assaulted his mother and set on fire certain household articles thereby the offence has been committed.

3. Learned counsel for the applicant would submit that on trivial family dispute, the incident took place; the mother of applicant has filed an affidavit wherein she has stated that her son may be released, therefore, the applicant may be enlarged on bail.

4. On the other hand, learned State Counsel opposes the bail application. However, he is not able to dispute the fact that

the mother has filed affidavit to release the applicant.

5. Considering the fact that the mother has sworn the affidavit in support of release of the applicant, charge sheet has been filed; no further investigation is necessary and looking to the period of custody of the applicant as he is stated be in jail since 27.06.2017, I am inclined to allow this bail application.

6. Accordingly, this application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o