SANTOSH KUMAR CHOUBE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As both the above MCRC arise out of the same incident and crime number, hence they are being disposed of by this common order.

(2.) Heard finally.

(3.) The applicants have preferred these two applications for grant of bail as they are arrested on 30-3-2017 in connection with Crime No. 223/2017 registered in PS Civil Lines, Bilaspur (CG) for offence punishable under Section 307/34 of the Indian Penal Code, 1860. After investigation charge has been filed against both the applicants which is pending before 7th Additional Sessions Judge, Bilaspur as ST No. 53/2017. Charges have been framed against both the applicants under Section 307/34, 324/34 of the IPC. As per allegation, applicant Mayank Choubey assaulted complainant Shishi Dixit by hard and sharp object. The doctor conducting MLC noticed incised wound extending from cheek utpo neck measuring 6 x - 1/2 x - 1/2 cm, he also noticed another incised wound over right forearm measuring 5 x - 1/2 cm x skin deep. Both the injuries are simple in nature. Applicant Mayank Choubey also assaulted Amiyakant Tiwari who sustained incised wound 6 cm x - 1/2 cm x skin deep over left arm, as per the Doctor, it was simple in nature. Police had registered the matter under Section 307 of the IPC on the basis of intention to attempt to take life of Shishir Dixit as the first injury was over cheek till neck. Both the injured were not admitted in the hospital as indoor patient. One pencil sharpener blade has been seized from applicant Mayank Choubey on the basis of his memorandum statement. In the said incident Mayank Choubey also received 7 incised wound each measuring 3 cm x - 1/2 cm x skin deep. The doctor conducting MLC opined all the injuries as simple in nature. Also the doctor at the time of MLC of Mayank noticed smell of alcohol in his breath. Both are in custody since long. They will not commit any offence in future. They have no criminal antecedent. As per facts surfaced in the unnumbered FIR, Shishir Dixit telephoned Santosh and intimated him regarding the incident. Thereafter applicant Santosh Choubey came at the spot. The trial may take some time. Hence they may be enlarged on bail.