Allowed

Raja Sarthi v. State of Chhattisgarh

Chhattisgarh HC14 Jun 2022MCRC/582/2022

Case brief

AI extract

What is this about?

The court allowed a regular bail application filed by an accused arrested in connection with offences of assault, criminal intimidation, and conspiracy to commit culpable homicide, considering his innocence and lack of interference, despite previous antecedents.

What did the court decide?

Application allowed; applicant directed to be released on bail on personal bond of Rs. 10,000/- with one surety.

Raja Sarthi Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 582 of 2022

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Raja Sarthi S/o Mahesh Sarthi, Aged About 24 Years R/o Sarthi Mohalla, Mathpara, Near Chand Mandir, Ward No. 03, Durg, Police Station And District Durg Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through SHO Police Station Durg, District - Durg Chhattisgarh

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---- Respondent

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For Applicant Mr. Avinash Chand Sahu, Advocate For Respondent/State Mr. BL Sahu, Panel Lawyer

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SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board

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14/6/2022

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Heard.

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This is an 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.684/2021 registered at Police Station Durg District Durg (CG) for the offence punishable under Sections 294, 506, 323, 307, 147, 148, 34 of the IPC.

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The case of the prosecution is that on 1.8.2021, in the night, when injured Ravidas Manikpuri along with his brother Shiv Mankpuri had gone to the Mohalla of the accused persons, they

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saw the accused persons fighting amongst each other. On this, complainant Ravidas Manikpuri and Shiv Manikpuri intervened, on which, the accused persons became annoyed and assaulted both of them by using iron rod, bamboo and brick. Shiv Manikpuri was caused simple injuries but Ravidas Manikpuri was hospitalised from 2.8.2021 to 8.8.2021 due to the injuries caused to him. Hence, on this allegation, the offence has been registered.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that the incident took place all of a sudden on account of intervention of the complainants, the applicant is in jail since 26.8.2021 and the other accused persons have been enlarged on bail, therefore, he prays for releasing the applicant on regular bail.

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On the other hand, learned counsel for the State opposes the bail application. He submits that there are four previous criminal antecedents of the applicant, out of which, three are related to Sections 323 and 324 of the IPC and one related to the NDPS Act.

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Countering the above submission, learned counsel for the applicant submits that in all the cases, the applicant is on bail and two cases have already been adjudicated.

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Considering the facts and circumstances of the case particularly considering the nature of allegations and also considering the

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nature of injury and the pre-trial detention of the applicant, I am inclined to release the applicant on regular bail.

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Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

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Certified copy as per rules.

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Sd/- ( Deepak Kumar Tiwari)

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Judge

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Shyna

Raja Sarthi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Raja Sarthi v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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