Ganesh Ram Nishad v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1895 of 2019 • Ganesh Ram Nishad S/o Nilo Nishad Aged About 25 Years Kachar, P.S. Bhupdeopur, District- Raigarh, Chhattisgarh, Taluka, Kharsia, Disrtict- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- P.S.- Bhupdeopur, District- Raigarh, Chhattisgarh, Taluka, Kharsia, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Non-applicant For Applicant : Shri PK Patel, Advocate.

For Non-applicant : Smt. M. Asha, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 03.04.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 25/2019 registered at Police Station - Bhupdeopur, District- Raigarh (C.G.) for the offence punishable under Sections 324, 307 of the Indian Penal Code.

3. Case of the prosecution, in brief is that on 19.01.2019 at about 18:30 hrs at village Kachhar, applicant caused injury on complainant on her back by wooden club, poured kerosene on her, set her ablaze.

4. As per the MLC report burn injuries were present on the body of the complainant, burns were 45-50%, superficial to deep.

5. Learned counsel for the applicant argued that the applicant has no criminal background, he is innocent, therefore, he shall be released on bail.

6. On the other hand, learned counsel for the State opposes the bail application, however submits that there is no antecedent agaist the applicant. 7.

Looking to the facts and circumstances of the case, looking to the seriousness of the offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kkd