Ghasiram Ursa v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1519 of 2018 • Ghasiram Ursa, Aged about 25 years, S/o Masaram Ursa, R/o Patarpara, Bhairamgarh, Police Station Bhairamgarh, District Bijapur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through the Station House Officer, Police Station Mirtur, District Bijapur (C.G.) ---- Non-applicant For Applicant :

Mr. S.K. Agrawal, Advocate.

For Non-applicant/State :

Mr. Avinash Singh, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 07/05/18 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who have been arrested in connection with Crime No.06/2017 registered at Police Station Mirtur, District Bijapur (C.G.) for the offence punishable under Sections 148, 307/149 of the IPC, Sections 25 (1-b)(a), & 27(1) of the Arms Act and Section 5 of the Explosive Substances Act. 2.

Case of the prosecution, in brief, is that on 02-05-2017, the applicant and 5 other co-accused were formed unlawful assembly with common object, attacked the police party and injured the police personnel and thereby committed the aforesaid offences.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and has been falsely implicated in crime in

question, eye witnesses have been examined and they have not supported the case of prosecution, the applicant is in jail since 02-05-2017 and no useful purpose will be served by detaining them in jail, therefore, they may be released on regular bail.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence and the material available on record, this Court is not inclined to extend the benefit of regular bail to the applicant.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is rejected.

Sd/- (Sanjay K. Agrawal) Judge Kvr