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High Court Of ChhattisgarhMCRCA/311/2018dismissed

Aman Mishra v. State Of Chhattisgarh

2018-05-11Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 311 of 2018 Aman Mishra S/o Shivsharan Mishra Aged About 18 Years R/o- Mayapur, P.S. And Tahsil Ambikapur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, P.S. Gandhinagar, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondent For Applicant :

Shri Shakti Raj Sinha, Advocate For State :

Shri Satish Gupta, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 11/05/2018 Heard.

1. This application under Section 438 Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Crime No.08 of 2018 registered in Police Station- Gandhinagar, District- Surguja for alleged commission of offence under Section 304, 201 IPC.

2. Case of the prosecution, in brief, is that the applicant dashed a motorcycle by coming with a high speed having full knowledge that his act may cause death.

3. Learned counsel for the applicant would submit that it is a simple case of rash and negligent driving , therefore, only Section 304-A IPC ought to be registered.

4. This being an anticipatory bail application, no case is made out to protect the applicant. However, it would be open for the applicant to surrender and apply

-2for grant of regular bail before the Court below.

5. The application is accordingly rejected.

Sd/----- (Manindra Mohan Shrivastava) Judge Praveen