High Court Of ChhattisgarhMCRC/7606/2019allowed

Sanjay Kumar Baghel v. State Of Chhattisgarh

2020-01-16Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7606 of 2019 • Sanjay Kumar Baghel S/o Munu Babu Aged About 22 Years R/o Village Khairmuda, Tahsil And P.S. Dabhara, District Janjgir Champa, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through- The Station House Officer, Police Station Dabhara, District Janjgir Champa, Chhattisgarh. ---- Respondent For Applicant.

Mr. Tapan Kumar Chandra, Advocate.

For Respondent/State :

Mr. B.L. Sahu, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 16.01.2020

1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 320/2019 registered at Police Station : Dabhara, District Janjgir-Champa (C.G.) for the offence punishable under Sections 294, 506 (B), 323, 326 of IPC.

2. As per the prosecution case, complainant Rajkumar lodged written report before the concern Police Station stating that on 05.10.2019, when he was sitting in front of his shop, his cousin Sanjay Baghel came there and started hurling abuses for not accepting the coins and bit his ear severely. On the basis of that offence has been registered against the

applicant and he has been arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that applicant is in jail since 23.10.2019 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released 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 facts and circumstances of the case, the detention period of the applicant and further considering the fact that offence is triable by Judicial Magistrate First Class, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

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

Sd/- (Rajani Dubey) Judge Vijay Sahu