Trilochan Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9652 of 2018 • Trilochan Sahu S/o Shri Laxminath Sahu Aged About 24 Years R/o Kalar Para Dhamda ,tahsil Dhamda District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Non-applicant For Applicant : Mr. Avinash Chand Sahu, Advocate For Non-applicant : Shri I. Lakra, Dy. Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 15.01.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 164/2018 registered at Police Station - Dhamdha District - Durg (C.G.) for the offence punishable under Section 294, 506(B), 33, 327, 329 of the Indian Penal Code and Section 25, 27 of Arms Act.

3. Case of the prosecution, in brief is that complainant Charan Sahu is the resident of Kalarpara, Dhamdha. On 17.08.2018 applicant demanded money from him to consume liquor and cannabis. He abused him and gave threatening to kill, caused injuries on his body by club. Thereafter, he beaten complainants Kanhaiya and Jagdev by blade and knife.

4. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant.

6. As per the MLC report of complainant Charan Lal Sahu two lacerated wounds were found on his body, injuries were simple in nature and caused by hard and blunt object. As per the MLC of Kanhaiya one abrasion was found which was simple in nature and caused by hard and blunt object. As per the MLC report of complainant Jagdev some abrasions were found on his body which were simple in nature and caused by hard and blunt object.

7.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore