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High Court Of ChhattisgarhMCRCA/524/2015rejected

Dhanpat Patre v. State Of Chhattisgarh

2015-07-22Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 524 of 2015 Dhanpat Patre S/o Balram Patre Aged About 36 years R/o Village Mudia Tah. & District Mungeli PS Lalpur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through PS Lalpur District Mungeli Chhattisgarh. ---- Respondent For Applicant/s :

Shri Rupesh Trivedi, Advocate For Respondent / State :

Shri Manish Nigam, Panel Lawyer Order On Board 22/07/2015 Heard.

The applicant is apprehending his arrest in connection with Crime No.31/2015 for alleged commission of offence under Section 307, 34, 147, 149, 294, 506, 186, 353, 332 IPC and Section 7, 11 (e), 14 (d) Isthaniya Pradikari (Nirvachan Apradah) Adhiniyam, 1964.

2.

It is alleged that the applicant and other co-accused persons are involved in assaulting and attacking the members of the police team. 3.

Learned counsel for the applicant submits that the applicant has not been specifically named by anyone but only on the basis of memorandum of some of the accused who have stated his name, he has been involved. He submits that the other co-accused have been granted regular bail.

4.

On the other hand, learned State counsel submits that unless the applicant is arrested and put to identification, the applicant cannot say that he has been falsely implicated.

5.

Taking into consideration the nature of offence and the allegations that the police authorities along with police team was assaulted and ballet papers are destroyed, I am not inclined to grant bail to the applicant. The application is therefore

rejected.

6.

At this stage, learned counsel for the applicant prays that in case the applicant moves application for grant of regular bail before the Court below, the same may be directed to be decided on the same date.

7.

It is directed that in case, regular bail application is moved, the same shall be decided by the Court below, as early as possible considering that the other coaccused have been granted regular bail. Manindra Mohan Shrivastava Judge Deepti