High Court Of ChhattisgarhMCRC/6562/2016allowed

Om Prakash @ Prakash Nishad v. State Of Chhattisgarh

2016-11-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6562 of 2016 • Om Prakash @ Prakash Nishad S/o Shri Shiv Kumar Nishad Aged About 20 Years Occupation Labour, R/o Village Petesaari I (Correct Name Peteshri), Police Station Lalbagh, Tehsil Dorgaon (Correct Name Is Dongarhgaon) District Rajnandgaon, Chhattisgarh. --- Petitioner

Versus

• State of Chhattisgarh through Police Station Lalbagh, District Rajnandgaon, Chhattisgarh. --- Respondent For the applicant :

Mr. Vishnu Koshta, Advocate For the Respondent :

Mr . Sangharsh Pandey, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 16.11.2016

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.200/2016 registered at P.S. Lalbagh, Distt. Rajnandgaon (C.G) for the offence punishable under Section 307 of IPC.

2. As per the prosecution case, on 02.08.2016, the applicant over a previous enmity assaulted complainant Umesh Sahu by Farsa and caused injury which was sufficient to cause death.

3. Learned counsel for the applicant would submit that there was no intention to kill and had there been any intention, the the gravity of injury would have been much grievous in nature. He further submits that the charge sheet in this case has been filed; no further investigation is necessary and the applicant is in jail since 09.08.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and the statement of the injured Umesh Kumar Sahu as also the medical report.

6. Considering the facts and circumstances of the case as also the back ground of the case and looking to the nature of injury which is not grievous in nature and further considering the fact that the charge sheet in this case has been filed and the applicant is in jail since 09.08.2016, I am inclined to allow this bail application.

7. Accordingly, the bail 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. He shall also appear before the trial Court as and when directed by the said Court.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o