Amir Singh @ Lallu Singh Kanwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7713 of 2018 • Amir Singh @ Lallu Singh Kanwar S/o Suraj Singh Aged About 29 Years R/o Village- Rampur, Police Station And Tahsil Baloda, District- Janjgir- Champa, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through The District- Magistrate Janjgir, District- Janjgir- Champa, Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------ For the applicant : Mr. N.K. Chatterjee, Advocate.

For the respondent/State : Mr. Vinod Tekam, P.L.

Hon'ble Shri Justice Ram Prasanna Sharma Order on Board 12-11-2018.

1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 18-9-2018 in connection with Crime No. 164 of 2018 registered at Police Station Baloda, District Janjgir Champa (CG), for the offence punishable under Sections 294, 506, 324, 326 and 323 of IPC.

2.

As per case of prosecution, there was dispute between the complainant and the applicant for sum of Rs.35,000/- and on the date of incident the applicant assaulted the complainant by axe and thereby the aforesaid offence was committed. 3.

Learned counsel appearing for the applicant would submit that the trial will take sufficient time because offence is triable by Judicial Magistrate First Class and there is no likelihood of absconding of the applicant, therefore, he should be enlarged on bail.

4.

On the other hand, learned State counsel opposes the application for grant of bail.

5.

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

6.

Looking to the fact that the injuries caused on the body of the complainant are lacerated wounds, offence is triable by JMFC and further looking to the fact that the trial will take some time to conclude, I am inclined to release the applicant on bail. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules Sd/- (Ram Prasanna Sharma) JUDGE Raju