Allowed¶22

Kharru Baghel v. State of Chhattisgarh

Chhattisgarh HC21 Jan 2024MCRC/109/2024

Case brief

AI extract

What is this about?

Bail granted; M.Cr.C. No.109 of 2024; High Court of Chhattisgarh, Bilaspur; second bail application; Section 439 CrPC; Sections 307 read with Section 34 IPC; Crime No. 598/2023; P.S. Sakari, Bilaspur (C.G.); axe assault on complainant Sukhram @ Ballu Baghel; lacerated wounds head and chest; two days CIMS Hospital; no grievous injury reported; custody since 08.08.2023; charge-sheet filed; earlier dismissal M.Cr.C. 6042 of 2023 dated 30.10.2023; personal bond Rs. 25,000/- with one surety; Justice Naresh Kumar Chandravanshi; order dated 22-01-2024.

What did the court decide?

Release of the accused/applicant on bail on executing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court, with direction to appear before the trial Court on each and every date given by it. ¶22

Kharru Baghel Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant should be enlarged on bail through this second bail application under Section 439 of the Code of Criminal Procedure.

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Court's answer

Considering the nature and gravity of the offence, that no grievous injuries or injuries likely to cause death of the victim were reported, that the applicant has been in custody since 08.08.2023, and that the charge-sheet has already been filed, the Court was inclined to release the applicant on bail.

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Ratio / Principle

The second bail application is allowed and the accused/applicant is directed to be released on bail on executing a personal bond of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court, and to appear before the trial Court on each and every date given by it.

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Detailed headnote1 paragraphs

Bail — Second bail application under S. 439 CrPC allowed. Applicant Kharru Baghel, arrested 08.08.2023 in Crime No. 598/2023, P.S. Sakari, District Bilaspur (C.G.), prosecuted under Sections 307 read with Section 34 IPC for allegedly assaulting complainant Sukhram @ Ballu Baghel with an axe when objected to while cutting trees; victim sustained lacerated wounds on head (parietal region) and chest and remained in CIMS Hospital for two days. First bail application (M.Cr.C. 6042 of 2023) was dismissed on merits on 30.10.2023, whereafter the charge-sheet was filed. Court, noting that no grievous injury or injury likely to cause death of the victim was reported, the applicant's custody since 08.08.2023, and filing of the charge-sheet, allowed the second application and ordered release on a personal bond of Rs. 25,000/- with one surety in the like sum, directing appearance before the trial Court on each and every date. Order dated 22-01-2024 by Justice Naresh Kumar Chandravanshi.

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.Cr.C. No.109 of 2024

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Kharru Baghel, S/o Shri Jawahar Baghel, aged about -20 years, R/o Village- Pendari, Police Station - Sakari, Civil & Revenue District – Bilaspur (C.G.)

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---- Applicant

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Versus

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State of Chhattisgarh, Through : The Station House Officer, Police Station – Sakari, Civil & Revenue District – Bilaspur (C.G.)

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----Non-applicant

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------------------------------------------------------------------------------------------------For Applicant : Mr. P.M. Shriwas, Advocate. For Non-applicant : Mr. U.P.S. Sahu, Panel Lawyer

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Hon'ble Mr. Justice Naresh Kumar. Chandravanshi

Order On Board

22-01-2024

Heard.

This is second bail application under Section 439 of the Code of Criminal Procedure filed by the applicant, who has been arrested on 08.08.2023 in connection with Crime No. 598/2023 registered at Police Station Sakari, District Bilaspur (C.G.) for commission of offence punishable under Sections 307 read with Section 34 of the IPC.

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The applicant's first bail application was dismissed on merits by this Court vide order dated 30.10.2023 passed in M.Cr.C. 6042 of 2023.

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Allegation against the present applicant in the instant case is that he and his father were cutting tree of the field (Badi) of complainant Sukhram @ Ballu Baghel, which was objected by him, therefore,

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applicant and his father threatened to kill him and assaulted him by means of axe, as a result thereof, complainant sustained lacerated wound over his head (parietal region) and lacerated wound over chest region also, complainant/victim was admitted in CIMS Hospital, where he remained for two days, thereafter he got discharged. Based on above facts, present crime has been registered against the applicant and his father for the offence under Section 307 read with Section 34 of the IPC. The applicant was arrested on 8.8.2023.

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Learned counsel appearing for the applicant would submit that applicant's first bail application was dismissed while investigation period, subsequently charge-sheet has been filed. As per medical report, victim was admitted only for two days in CIMS Hospital and except lacerated injuries, no other grievous injuries have been found mentioned in MLC report and discharge slip whatsoever, even injuries sustained by victim have also been reported to be grievous or likely to cause death of the victim. He would further submit that applicant is in custody since 08.08.2023, hence, he may be enlarged on bail.

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On the other hand, counsel for the State opposes the bail application.

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Having considered the nature & gravity of the offence, particularly, considering the injuries sustained to the victim, wherein no grievous injuries or any injuries likely to cause death of the victim has been reported; the applicant is in custody since 08.08.2023 & charge-sheet has already been filed, I am inclined to release the applicant on bail. Accordingly, second 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.

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Certified copy, as per rules.

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Sd/(Naresh Kumar Chandravanshi) Judge

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Amit/-

Kharru Baghel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Kharru Baghel v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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