Rambabu Maurya @ Kushwaha v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7474 of 2016 Rambabu Maurya @ Kushwaha, Aged About 30 Years, S/o Shiv Prasad Kushwaha, R/o Village Dheka, Indira Awas, Police Station Torwa, District Bilaspur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through District Magistrate, Bilaspur, Chhattisgarh.

---- Respondent For applicant - Shri Rajnish Singh Baghel, Advocate. For Respondent/State - Shri Anant Baghel, PL. Hon'ble Shri Justice Goutam Bhaduri Order 28/11/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.170/2016 registered in Police Station Torwa, District Bilaspur (CG) for offence punishable under sections 294, 323, 325, 326, 506 of Indian Penal Code. 2.

As per the prosecution case, on 13/06/2016 one Raju Mourya who was drunk had some dispute in his house with the applicant who is brother-in-law of the injured Raju Mourya reached home he saw the mother-in-law was unconscious. Thereafter, being enraged went inside the house assaulted Raju Mourya by way of a brick on his face whereby bone of nose of Raju Mourya was fractured.

3.

Learned counsel for the applicant submits that there is no evidence against the applicant that the applicant has assaulted. FIR has been lodged against Lata Mourya and subsequently the applicant has been inculpated without any evidence, charge sheet has been filed, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the FIR as also statement of the witnesses and the

medical report. Taking into fact and the background of the case, charge sheet has been filed, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri