Manish Kumar Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7955 of 2019 Manish Kumar Sahu, aged about 18 years, S/o. Shri Chetan Lal Sahu, resident of Near Kanta Talab Lala Bagicha Dhamtari, Police Station Kotwali, District Dhamtari (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Kotwali, District Dhamtari (C.G.) ----Non-applicant For Applicant : Mr. Rakesh Thakur, Advocate. For Non-applicant : Ms. Reena Singh, Panel Lawyer. Hon'ble Smt. Justice Rajani Dubey Order On Board 27/01/2020 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 292/2019 registered at police Station Kotwali, District Dhamtari for the offence punishable under Sections 324 & 326 of the Indian Penal Code. (2) Case of the prosecution is that on 30.06.2019, at about 8.00 pm. near Hiteshward Ward, Dhamtari applicant assaulted injured Salik Ram Satnami with the held of sharp edged knife, as a result of which he sustained various injuries in his person and thereby committed the aforesaid offence.

(3) Learned counsel for the applicant submits that the applicant is innocent person and he has falsely been implicated in the crime in question. He further submits that the applicant is in detention since 30.06.2019 and case is triable by the Judicial Magistrate First Class

and trial is likely to take some more time for its final disposal and, therefore, applicant is entitled to be released on bail.

(4) On the other hand, learned counsel for the State opposes the bail application. (5) Considering the totality of the facts; in particular; the fact that the applicant is in custody since 30.06.2019 and case is triable by the Judicial Magistrate First Class; and trial is likely to take some time for its final disposal; without further commenting on merits; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

(6) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Dubey/-