Purushottam Kumar Dewangan And Other v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 4080 of 2016

1. Purushottam Kumar Dewangan, S/o. Nanuram Dewangan, aged about 21 years, R/o. Village- Bhathagaon, Block No.6/10, Police Station Purani Basti Raipur, Tahsil and District -Raipur (C.G.)

2. Satish Kumar Dhruv, S/o. Sonaram Dhruv, aged about 22 years, R/o. Village : Bhathagaon, RDA Colony, 7/9, Police Station Purani Basti Raipur, Tahsil and District - Raipur (C.G.) ----Applicants

Versus

1. State of Chhattisgarh, Through : S.H.O., P.S. - New Rajendra Nagar, Raipur, District - Raipur (C.G.) ---- Respondent For Applicants : Mr. C.R. Sahu, Advocate For Respondent/State : Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order On Board 26/07/2016 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 applicants who have been arrested in connection with Crime No.76/2016, registered at Police Station - New Rajendra Nagar, Raipur, District - Raipur (C.G.) for the offence punishable under 294, 323, 506B, 307, 34 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that on 09.05.2016, when the marriage was going on in the house of Kishore Sahu, the complainant, Jagannath and Sagar entered into dispute, which was sub-sided with the intervention. Subsequently on 10.05.2016 when Jagannath was in the house of Kishore at that time, the present applicants and one co-accused came and thereafter, assaulted the

Page No.2 Jagannath by hand and fist and Sagar assaulted the injured by way of knife on his abdomen and three injuries were caused. Thereby the offence has been committed.

3.

Learned counsel for the applicants submits that the applicants have been falsely implicated in this case and the main allegation of assault is on Sagar Sahu. It is further submitted that the applicants were not named in the FIR, therefore, the counsel prays that the applicants may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application and would submit that in the FIR the name of Sagar is present along with his friend. Therefore the applicants may not be enlarged on bail.

5.

I have heard learned counsel appearing for the parties. 6.

Perused the statement of the victim, Jagannath. Perusal of the statement would show that the applicants while holding the injured at that time, Sagar took out the knife and assaulted the victim. Considering such statement and the nature of injury and the role played by this applicants, I am not inclined to release the applicants on bail.

7.

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

Sd/- (Goutam Bhaduri) Judge Balram