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Sanjay Tiwari And Ors vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 20 August 2020 · Citation: (2020) 08 CHH CK 0042

HON’BLE JUDGES
Prashant Kumar Mishra, J
RESULT
Allowed
CASE NUMBER
MCRC No. 3799 Of 2020
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Judgment

10 paragraphs · 358 words

@JUDGMENT-JUDGMENT

1.

Heard.

2.

This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.167/2020 MCRC No. 3799 of 2020 registered at Police Station Lalbag, District Rajnandgaon (CG) for the offence punishable under Sections 294, 506, 324, 327, 307, 34 of the IPC.

3.

Applicant No.3 Vinay Kumar Tiwari and his brother Sanjay Tiwari (applicant No.1) broke a fight with injured Vikas Meshram, after which, Vinay Kumar Mishra struck blows over the person of the injured by means of iron punch and knife causing injuries over his chin, shoulder and parietal & frontal region.

4.

Learned counsel for the applicants argued that the injured has remained in hospital only for 2 days i.e. from the evening of the date of the incident i.e. 28/4/2020 to 30/4/2020, therefore, the injuries are not serious in nature.

5.

Learned counsel for the State would oppose the bail application on submission that accused Vinay Kumar Tiwari is a habitual offender.

6.

It appears, the injured remained in hospital only for two days and had not sustained any bony injury. Merely because some other cases are also registered against applicant No. 3 Vinay Kumar Tiwari, there is no reason why he should be detained in this offence, if the injuries were not very serious in nature.

7.

Considering the entire facts situation of the case and for the fact that all the applicants have already remained in jail from 13.5.2020 to till date i.e. for more than 3 months and the charge sheet has already been filed, this Court is inclined to MCRC No. 3799 of 2020 release the applicants on regular bail.

8.

Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them furnishing a personal bond for a sum of Rs.50,000/- with one surety each in the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

9.

Certified copy as per rules.