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High Court Of ChhattisgarhMCRC/6113/2017allowed

Subhash Manglani @ Sunny v. State Of Chhattisgarh

2017-11-27Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6113 of 2017 Subhash Manglani @ Sunny S/o Shankar Lal Manglani, Aged About 23 Years R/o Pawan Vihar D / 27 New Rajendra Nagar, Police Station New Rajendra Nagar Raipur, Tahsil & District Raipur, Chhattisgarh. ----Applicant

Versus

State Of Chhattisgarh Through Its Police Station New Rajendra Nagar Raipur, Civil & Revenue District Raipur, Chhattisgarh ---- Respondent For Applicant :

Shri B.L. Sahu, Advocate For Respondent/State :

Shri Avinash Singh, Panel Lawyer S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 27/11/2017 Heard.

1. The applicant has been arrested in connection with Crime No.101 of 2017 registered at Police Station- New Rajendra Nagar, Raipur Civil & Revenue Dist. Raipur (C.G.) for the alleged commission of offence under Section 307/34, 109 of IPC.

2. Case of the prosecution is that the applicant co-accused assaulted the complainant victim with intention to commit murder.

3. Learned counsel for the applicant submits that in the FIR, applicant has not been named, even according to the complainant, stab injury was given by another co-accused and not by the applicant.

4. On the other hand, learned State counsel opposes the prayer and submits that looking to the fact that the applicant was also present at the spot and he was along with the complainant. His complicity is prima facie there.

-25. Having considered the submission, the nature of allegation and role of the applicant, investigation is complete, charge sheet has been filed and the applicant is not likely to abscond or tamper with the prosecution witnesses, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha