High Court Of ChhattisgarhMCRC/7194/2016allowed

Inamul Khan v. State Of Chhattisgarh

2016-11-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7194 of 2016 • Inamul Khan S/o Iakramudin Khan Aged About 18 Years R/o Village Kandari, Police Station Chando, District Balrampur, Chhattisgarh. --- Petitioner

Versus

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

Mr. A. K. Yadav, Advocate For the Respondent :

Mr. U.K. S. Chandel, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 17.11.2016

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. 19/2016 registered at P.S. Chando, Distt. Balrampur (C.G) for the offence punishable under Section 307 of IPC.

2. As per the prosecution case, one Ikramuddin is father of applicant who came with his second wife to the house of applicant where altercation took place between Ikramuddin and applicant and thereafter the applicant assaulted his father Ikramuddin by way of a knife and caused injury, thereby the offence is committed.

3. Learned counsel for the applicant would submit that there is no intention to kill and the dispute took place between the applicant and injured over distribution of property and only one injury was caused which is not grievous in nature. He further submits that the charge sheet has been filed; the applicant is in jail since 12.07.2016 and looking to the

relation inter-se between the parties, he may be enlarged on bail.

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

5. Perused the case diary statement as also the injury report.

6. Considering the background of this case and the inter-se relations between the parties and further looking to the nature of injury which is not grievous as also the fact that the charge sheet has been filed and the applicant is stated to be in jail since 12.07.2016, 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