High Court Of ChhattisgarhMCRC/6607/2019allowed

Mahendra Singh Gond v. State Of Chhattisgarh

2020-01-17Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6607 of 2019 • Mahendra Singh Gond S/o Patar Sai Aged About 40 Years R/o Village Keshavpur, Police Chowki Manipur, Police Station And Tahsil Ambikapur, District Surguja, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Ambikapur, District Surguja, Chhattisgarh. ---- Respondent For Applicant :

Shri C.J.K. Rao, Advocate For Respondent :

Shri B.L. Sahu, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17.1.2020

1. The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.312/2019 registered at Police Station -Ambikapur, District Sarguja (C.G.) for the offence punishable under Sections 307 of the IPC.

2. Case of the prosecution is that the complainant- Balkeshwar Yadav lodged a report on 1.6.2019 that the applicant has assaulted his 14 years son- Manish with a brick on his face and head with intention to commit his murder and in MLC report, injuries received to Manish were found grievous in nature.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He

submits that there is previous enmity between the applicant and the complainant due to which, the complainant has lodged a false report against the applicant. He submits that as the applicant is in custody since 13.6.2019 and the trial is likely to take some time for its final disposal, he may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the detention period of the applicant, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed.

7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

8. Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge sunita