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High Court Of ChhattisgarhMCRC/6543/2016allowed

Jai Prakash v. State Of Chhattisgarh

2016-10-24Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6543 of 2016 Jai Prakash S/o Nand Kishore Mishra, Aged About 32 Years, R/o Green View Colony, Raigarh, Tahsil & District Raigarh Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through - Station House Officer, Police Station Kotra Road, District Raigarh Chhattisgarh ---- Respondent For applicant - Shri Sandeep Yadav, Advocate. For Respondent/State - Shri U.K.S. Chandel, PL. Hon'ble Shri Justice Goutam Bhaduri Order 24/10/2016 1.

This is second bail application under Section 439 of Cr.P.C. The earlier bail application was dismissed on 9/08/2016 vide M.Cr.C. No.4406/2016 with liberty to repeat the same after filing of the charge sheet.

2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.158/2016 registered in Police Station Kotra Road, District Raigarh (C.G.) for offence punishable under sections 341, 324, 307, 34 of IPC.

3.

As per the prosecution case, a report was made by one Rajesh Shama that on 2/07/2016 while he was coming back, applicant who is the brother-in-law along with his friend assaulted him by way of knife on his abdomen and chest and thereby tried to take his life. Thereby, offence has been committed.

4.

Learned counsel for the applicant submits that the applicant and the injured are related to each other and because of transport business rivalry incident happened. He submits that matter has been settled between the

parties and injury report shows that injury is simple in nature. He submits that charge sheet has been filed, therefore the applicant may be released on bail.

5.

Learned State counsel opposes the prayer for grant of bail. 6.

Perused the statement of the victim as also injury report which shows that nature of injury is simple. Taking into background of this case and also for the fact that charge sheet has been filed, this court is inclined to release the applicant on bail.

7.

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