Allowed

Priyanshu Chavariya v. State of Chhattisgarh

Chhattisgarh HC14 Feb 2024MCRC/547/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a regular bail application filed by a 19-year-old applicant accused of attempted murder and arms offences. The court granted bail noting the applicant's youth, lack of antecedents, and that assault allegations were primarily against a co-accused, though a knife was seized.

What did the court decide?

Regular bail on personal bond of Rs. 25,000 with one local surety of like amount.

Priyanshu Chavariya Vs State of Chhattisgarh — Cheque Dishonour | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 547 of 2024

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Priyanshu Chavariya S/o Bhola Chavariya Aged About 19 Years R/o 866a Ward No.34 Siddharth Nagar Kali Mandir District Durg (C.G.) (Mandir spelling wrongly mentioned in the cause title page of the impugned order)

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---- Applicant

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Versus

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State Of Chhattisgarh Through Station House Officer P.S. Durg Kotwali, District : Durg, Chhattisgarh

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---- Respondent

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For Applicant : Mr. Avinash Chand Sahu, Advocate For State : Mr. Jitendra Shrivastava, Govt. Advocate

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S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

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Order On Board

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15/02/2024

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Applicant has filed this bail application under Section 439 of Cr.P.C. for grant of regular bail as he was arrested in connection with Crime No.639 of 2023 registered at Police Station – Durg Kotwali, District- Durg (CG), for offence punishable under Sections 307, 34 of IPC and Section 25 (1-B), 27 of the Arms Act.

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Case of the prosecution, in brief, is that on 01.11.2023 at about 1:30 pm (midnight), applicant along with the co-accused Mayank Sona went to house of complainant, knocked door and when

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the complainant came out, Mayank Sona stated that why his daughter has been stopped talking with him and during exchange of words, Mayank, co-accused took out knife and gave several blows to injured Fudal Sevate, due to which, he suffered multiple injuries and thereafter report was lodged.

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Learned counsel for applicant submits that the applicant is innocent. He has not committed any offence. He along with Mayank Sona went to house of complainant as per case of prosecution, however, there is no allegation against the applicant of making any conversation or any assault upon the injured. All the allegations is against co-accused Mayank Sona. Applicant is a young boy aged 19 years. He is in jail since 02.11.2023 and there is no criminal antecedent of the applicant, therefore, applicant may be released on bail.

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Learned State counsel opposed the submission made by learned counsel for applicant. He, however, do not dispute the submission of learned counsel for the applicant that the allegation of conversation as also stabbing the complainant is against co-accused Mayank Sona. He further submits that police seized one knife and blood stained cloth from the applicant. Upon asking, he submits that there is no criminal antecedent of the applicant.

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Taking into consideration the facts and circumstances of the case, nature of allegation, material available in the charge sheet

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and further considering that allegation of assault by knife is against co-accused, there is no other criminal antecedent of the applicant, his age, without commenting anything on merit of the case, I am inclined to enlarge the applicant on bail.

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Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.25,000/- with one local surety in the like sum to the satisfaction of the Court on the conditions that:-.

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a) Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

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b) Applicant shall not, in any manner, tamper with the prosecution witnesses.

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Certified copy as per rules.

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(Parth Prateem Sahu) Judge

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Praveen

Priyanshu Chavariya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Priyanshu Chavariya v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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