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Judgment
P. Sam Koshy, J
This is repeat bail application seeking grant of bail to the Applicant who is in jail since 17.10.2017 in connection with Crime No.155/2017 registered
at Police Station Dhamdha, District Durg, for the offence punishable under Sections 307, 354 (d) and 509 IPC. The earlier bail application stood
dismissed as withdrawn on 19.03.2018.
The allegation as per prosecution is that, the applicant is said to have made a futile attempt of proposing the complainant and on her refusing to
accept the proposal, the applicant is said to have assaulted her with an Axe causing grievous injuries.
Learned Counsel for the applicant submits that the applicant has remain in jail for more than 10 months and that the nature of injuries sustained by
the complainant was not too grievous and that the applicant is a young boy of 18 years, and therefore, the present applicant be given another
opportunity to improve his conduct and which can only be done if he is released on bail.
The State counsel however opposes the application on the ground that the nature of offence and the manner in which the present applicant had
assaulted, there is all possibility of his repeating the same act after his being released on bail.
Considering the total facts and circumstances of the case particularly taking note of the age of the applicant which his 18 years, the fact that he has
already remained in jail for more than 10 months and also considering the fact that the nature of injuries also was not too grievous, this court is of the
opinion that the present is a fit case where the Applicant can be enlarged on bail.
Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on furnishing a personal bond for a
sum of Rs.20,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for appearance as and when directed.
