Suresh Patel v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 70 of 2019 • Suresh Patel S/o Mukhiram Patel Aged About 23 Years R/o Near Bhagat Sing School Banhvapara, Sarkanda Police Station Sarkanda Tahsil And District Bilaspur CG ---- Applicant
Versus
• State Of Chhattisgarh Through S.H.O. Sarkanda Bilaspur CG ---- Respondent For applicant Mr. Neeraj Choubey, Adv.
For Respondent/State Ms. M. Asha, PL.
Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 28-11. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.
2. The applicant has been arrested in connection with Crime No. 818/2018 registered in police station Sarkanda, Distt. Bilaspur (CG) for offence punishable under Section 294, 506, 324, 307 of IPC.
3. Perused the case diary.
4. Prosecution story in brief is that on 4-10-2018 about 5 pm at village Bandhvapara on account on enmity the applicant abused complainant and threatened to kill him and also caused injuries on his cheek and throat by a razor. As per MLC report of complainant, one incised wound around neck size 15 cm x 2 cm x 1 cm, one incised wound on neck size 5 x 1 x 1⁄2 cm, one incised wound on neck size 4 x 1 x 1⁄2 cm, one incised wound on cheek 4 x 1 1⁄2 x 1 cm were found caused by hard and sharp object and were grievous in nature.
5. Counsel for the applicant argued that the applicant is innocent and falsely implicated. He further argued that the complainant was in intoxicated condition. In the report of mother of the complainant produced before the S.P., it has been mentioned that the injuries were self inflicted. Hence he may be released on bail.
6. On the other hand, the State Counsel opposed the bail application.
7. Looking to the facts and circumstances of the case, looking to the part
of the body where the injuries are inflicted and the nature of the injuries, this Court is not inclined to grant bail to the applicant.
8. Consequently, the MCRC is dismissed.
Sd/- (Sharad Kumar Gupta) Judge pathak