Laxmikant Sen v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9148 of 2018 • Laxmikant Sen S/o Shri Ramesh Sen Aged About 32 Years R/o Village Kondkera, Police Station Rajim, District Gariyaband Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through The Station House Officer, Police Station Rajim, District Gariyaband Chhattisgarh. ----Non-applicant For Applicant : Mr. Ashish Surana, Advocate For Respondent/State : Mr. Anil Pillai, Dy. AG Hon'ble Smt. Justice Vimla Singh Kapoor order On Board 17/12/2018 1.

The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of bail as he is in custody since 22.05.2018 in connection with Crime No. 165/2018 registered at Police Station Rajim, District Gariyaband (C.G.) for the offence punishable under Section 307 IPC.

2.

As per the prosecution case, on 20.05.2018 the applicant herein assaulted one Laxman Tiwari with some sharp edged object and left the spot.

3.

Counsel for the applicant submits that the applicant has been falsely implicated in the case and he is languishing in jail since 22.05.2018, that the charge-sheet has already been filed and looking to the allegation so made, the applicant is entitled for is release on bail.

4.

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

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the totality of the facts and circumstances of the case and looking to the offence alleged, without further commenting on merits of the case, this Court is of the opinion that it is a fit case to release him on bail.

7.

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

CC as per rules.

Sd/- (Vimla Singh Kapoor) V. Judge PAWAN