Vikrant Lohre vs State Of Chhattisgarh

Parth Prateem Sahu, J

This is the first bail application filed by the applicant under Section 439 of Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No. 63/2024 registered at Police Station – Tilda-Newara, District – Raipur, Chhattisgarh for the offences punishable under Sections 307, 34 of the Indian Penal Code, 1860.

Case of the prosecution is that, applicant along with co-accused Rahul Panjwani was taking Sulotion in the room, where the brother of Rahul Panjwani came and objected his act, upon which the co-accused Rahul Panjwani became aggressive and have made an attempt to assault him with knife. Then co-accused Ganesh Panjwani ran away and entered into one room and saved himself. Thereafter, the co-accused Rahul Panjwani went to the room of his mother and started assaulting her along with the applicant. After hearing hue and cry, Shalu Panjwani, the wife of the Ganesh Panjwani tried to intervene, upon which the co-accused Rahul Panjwani gave knife blow on her person due to which, she suffered injuries. The incident was reported to the concerned police station, based upon which, aforementioned crime was registered and the applicant was arrested on 19.02.2024.

Learned counsel for the applicant submits that applicant is innocent, he has been falsely implicated in the instant crime, he has not committed any offence as alleged. He submits after investigation, charge-sheet is filed and in the entire charge-sheet, there is no mention that the applicant was possessed with any arm or weapon. She also submits that if the entire allegations as reflecting from the charge-sheet is taken on its face value, the act of the applicant is assault upon Prema Panjwani (mother of the co-accused) by hands and fist. There is no allegation against the applicant that he also assaulted Shalu Panjwani. The applicant is in jail since 19.02.2024. Hence, he may be enlarged on bail.

On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant. However, upon asking with regard to the act of the applicant in assault on Shalu Panjwani who suffered grievous injuries by sharp-edged weapon, referring to the statement of the injured recorded under Section 161 of Cr.P.C., she submits that the allegation of assault upon the victim is against the co-accused Rahul Panjawani.

I have heard learned counsel for the respective parties.

Taking into consideration, facts and circumstances of the case, nature of allegations, period of detention, submission of learned counsel for the respective parties, age of the applicant and further that, there is no allegation against the applicant of assaulting the injured who suffered grievous injuries, without commenting anything on the merits of the case, I am inclined to allow this application for grant of bail.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed and it is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to satisfaction of Trial Court concerned on the conditions that:

(i) He shall appear before the Trial Court concerned regularly on each and every date unless exempted from appearance.

(ii) He shall not, in any manner, tamper with the prosecution witnesses.

(iii) If applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail.

Certified copy as per rules.