High Court Of ChhattisgarhMCRC/6003/2017allowed

Azad Sagar v. State Of Chhattisgarh

2017-11-24Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6003 of 2017 Azad Sagar S/o Adal Sagar Aged About 25 Years R/o Kalibadi, Nehru Nagar, Near Almond ( Badam ) Tree Street, Police Station City Kotwali, Raipur, Tahsil And District Raipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Raipur, Tahsil And District Raipur, Chhattisgarh. ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. C. R. Sahu, Advocate For Respondent :

Mr. Lav Sharma, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 24/11/2017

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 246/2017 registered at Police Station- City Kotwali, Raipur Tahsil and District Raipur (C.G.) for the offence punishable under Sections 294, 506-B,324,327, 342 of the IPC.

2. As per the prosecution case, the applicant stopped complainant Kundan Nayak and demanded money from him for consuming liquor and when he refused to give money the applicant inflected injury on his leg.

3. Counsel for the applicant submits that the complainant informed the doctor that he is not willing for treatment and the injury caused by the applicant on the deceased is simple in nature, therefore, the applicant may be enlarged on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

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

6. Considering the facts and circumstances of the case and further considering the fact that the applicant is in jail since 08.08.2017, I am inclined to release the applicant on bail.

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

8. It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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.

Sd/- (Ram Prasanna Sharma) Judge Santosh