High Court of Chhattisgarh allowed a bail application filed by Dinesh Baghel accused of attempting murder under Section 307 IPC. The court granted bail considering the victim was the applicant's brother and the injury was simple.
Bail allowed on furnishing a personal bond of Rs.10,000/- with one solvent surety in the like sum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No.2386 of 2018
Dinesh Baghel, S/o Rajman Baghel, aged about 28 years, resident of Village Betbeda Golawand, P.S. Kondagaon, District Kondagaon, Chhattisgarh
---- Applicant
versus
State of Chhattisgarh through the Police Station Kondagaon, District Kondagaon, Chhattisgarh
---- Respondent
For Applicant : Shri Pravin Kumar Tulsyan, Advocate For Respondent : Smt. M. Asha, Panel Lawyer
Hon'ble Shri Justice Arvind Singh Chandel
Order on Board
2.5.2018
1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the Applicant who has been arrested in connection with Crime No.174 of 2017 registered at Police Station Kondagaon, District Kondagaon for offence punishable under Section 307 of the Indian Penal Code.
2. Case of the prosecution, in brief, is that on 1.8.2017 at about 2:00 – 3:00 p.m., a dispute arose between the Applicant and his brother Urgu Baghel for doing some work. It is alleged that on this issue, the Applicant assaulted Urgu Baghel by a Tangiya on the head. The matter was reported with police. The police registered the offence under Section 307 of the Indian Penal Code against the Applicant and he has been arrested on 28.10.2017.
3. Learned Counsel appearing for the Applicant submits that the Applicant and victim Urgu Baghel are real brothers. Only a single
2
blow was given to the victim. The injury suffered by him was simple in nature. The victim/injured was discharged form the hospital on the day of admission itself. There is possibility of compromise between them. Charge-sheet has been filed. The Applicant is in custody since 28.10.2017.
4. Learned Counsel appearing for the Respondent/State opposes the bail application.
5. I have heard Learned Counsel appearing for the parties and perused the entire material available with due care.
6. Taking into consideration the facts and circumstances of the case, particularly, that the Applicant and the victim are real brothers, the injury suffered by the victim was simple in nature and the Applicant is in custody since 28.10.2017, I am inclined to enlarge him on bail.
7. Accordingly, the bail application is allowed.
8. It is directed that the Applicant shall be released on bail on furnishing a personal bond in the sum of Rs.10,000/- with one solvent surety in the like sum to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed.
Sd/- (Arvind Singh Chandel) JUDGE
Gopal
2 issues framed by the court
Whether bail should be granted to the applicant accused of attempting murder against his own brother.
Whether the simple nature of injury and relationship between parties warrant bail.
2 provisions across 2 enactments
Dinesh Baghel
State of Chhattisgarh
Arvind Singh Chandel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
