Suraj Kumar Bind v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2894 of 2016 Suraj Kumar Bind S/o. Sita Ram Bind, aged about 21 years, R/o. Village Jhapeli, P.S. Baloda, District Janjgir Champa (C.G.) ---- Applicant

Versus

State of Chhattisgarh Through the Station House Officer, Police Station City Baloda, District Janjgir Champa (C.G.) ---- Respondent ------------------------------------------------------------------------------------------------------- For Applicant :

Mr. N.K. Chatterjee, Advocate For Respondent/State :

Mr. Anant Bajpai, Penal lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 15/06/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 67/2016 registered at Police Station- Baloda, District Janjgir Champa (C.G.) for the offence punishable under Sections 307/34 of Indian Penal Code. 2.

Case of the prosecution in brief, is that on 10.03.2016 at about 9.30 PM, the dispute took place out of liquor shop where the applicant entered into dispute, thereafter, assaulted by way of blade on the neck of Yuvraj Singh Kashyap, thereby the offence has been committed. 3.

Counsel for the applicant submits that in the Dehati-nalicy the name of Arjun Kashyap was recorded and the applicant was not named. Subsequently, his name appears in the statement recorded under section 161 of Cr.P.C. He further submits that the applicant has been

falsely implicated in this case therefore, the applicant may be enlarged on bail.

4.

State counsel opposes the prayer for grant of bail. 5.

Perused the case diary and the documents. Perusal of the case diary and the documents, prima-facie shows that from the possession of the applicant, a blade was seized and according to the statement of the victim, he was assaulted by Suraj Kashyap, the present applicant, taking into such statement at this stage, I am not inclined to release the applicant on bail.

6.

Accordingly, the bail application is rejected. Sd/- (Goutam Bhaduri) Judge Santosh