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High Court Of ChhattisgarhMCRC/977/2018rejected

Rohit Yadav v. State Of Chhattisgarh

2018-04-04Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 977 of 2018 Rohit Yadav S/o Panchram Yadav, Aged About 23 Years R/o Kasaridih, Durg, Kanhaiyapuri Chowk, Police Station Durg, Tahsil & District Durg Chhattisgarh, District : Durg, Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through Station House Officer, P.S. City Kotwali, Durg District Durg Chhattisgarh, District : Durg, Chhattisgarh --- Respondent For the applicant :

Mr. B.P. Singh, Advocate.

For the Respondent :

Mrs. Madhunisha Singh, Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .0 4 .2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.911/2017 registered at Police Station City Kotwali, Durg, Distt. Durg (C.G) for the offences punishable under Sections 307, 324, 34 of IPC & Sections 25 & 27 of the Arms Act.

2. As per the prosecution case, a report was lodged by the complainant Yogesh Joshi on 04.12.2017 that during a dance party, the complainant and the applicants entered into scuffle with each other wherein Yogesh Joshi was assaulted by the knife and his brother Gaurav Joshi was also assaulted on 3 parts of the body and the injuries were sufficient to cause death.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated because of the fact that the applicant himself has sustained 3 injuries which would show

that the incident happened on account of certain dispute.

4. Per contra, learned State Counsel opposes the bail application.

5. Perused the statement of the victim and the report. In the statements of complainant Yogesh and his brother Gaurav, they have mentioned the name of applicant as assailant. Considering the same, I am not inclined to allow this bail application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o