Allowed

Sahil Kumar @ Honey v. State of Chhattisgarh

Chhattisgarh HC19 Apr 2023MCRC/1209/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail application under Section 439 CrPC. Considering the doctor’s opinion that injuries were not grievous, the lack of prior criminal record, and the delay, the Court released the accused on personal bond with surety.

What did the court decide?

Accused released on bail on personal bond of Rs. 25,000 with one surety; directed to appear on all trial dates.

Sahil Kumar @ Honey Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C. No. 1209 of 2023

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Sahil Kumar @ Honey, S/o Late Mohan Lal Jagat, aged about 24 years, R/o B.S.U.P. Colony, Block-A, Amlidih, Police Station Rajendra Nagar, Raipur, Tahsil & District – Raipur (C.G.)

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---- Applicant

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Versus

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State of Chhattisgarh, Through Station House Officer, Police Station- Telibandha, District Raipur (C.G.)

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----Non-applicant

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For Applicant : Mr. Rohit Sharma, Advocate. For Respondent : Ms. M. Asha, Panel Lawyer

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Hon'ble Mr. Justice N.K. Chandravanshi

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Order On Board

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19-04-2023

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The accused/applicant has preferred this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail in connection with Crime No. 678/2022 registered at Police Station Telibandha, District Raipur (C.G.) for commission of offence punishable under Sections 147, 148, 149 & 307 of the IPC and Sections 25 & 27 of the Arms Act.

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Case of the prosecution, in brief, is that due to previous dispute between applicant alongwith other co-accused persons, 10 in number, with the complainant/victim side, they assaulted the victims namely Himanshu Nihal & Nikhil Yadav by means of club and knife, as a result of which, Himanshu Nihal sustained deep injuries near left eye

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and in the occipital region of the head whereas Nikhil Yadav sustained injuries on backside of his head, left hand and back side, he also sustained facial bone fracture.

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Learned counsel appearing for the applicant would submit that applicant is innocent and has been falsely implicated in the crime in question. It is further submitted that both the injuries persons were admitted in the hospital for 5 to 7 days and the alleged injuries sustained to them have not been reported to be grevious in nature, rather the Doctor has opined that injuries sustained to both the injures persons were not likely to cause their death. It is also submitted that the applicant is in detention since 05.11.2022; charge-sheet has already been filed and conclusion of the trial is likely to take considerable time, hence, the applicant may be enlarged on regular bail.

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Per contra, learned counsel for the State vehemently opposes the bail application. However, on being enquired, learned counsel for the State submitted that as per case diary, no criminal antecedents has been reported against the present applicant.

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I have heard learned counsel for the parties and perused the case diary as well as material available on record.

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Having heard learned counsel for the parties, having considered the facts & circumstances of the case, particularly, nature of injuries sustained by the injured persons and the opinion given by the doctor in this regard, further considering the pri-trial detention of the

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applicant and the fact that charge-sheet has already been filed and no previous criminal antecedent has been shown against the applicant; I am inclined to release the applicant on regular bail. Accordingly, the bail application is allowed.

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Accused/applicant is directed to be released on bail on his executing a personal bond for a 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, till disposal of the trial

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Certified copy, as per rules.

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Sd/(N.K. Chandravanshi) Judge

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D/-

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Sahil Kumar @ Honey v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sahil Kumar @ Honey v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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