Satish Kumar Panariya v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3257 of 2020 • Satish Kumar Panariya, S/o Narayan Das Panariya, Aged About 22 Years, R/o Gurum Gaon, Police Station- Bajag, District- Dindouri (M.P.), At present R/o Rajendra Nagar, Urla, Police Station- Urla, Raipur, Tahsil & District- Raipur (C.G.).

---- Applicant

Versus

• State of Chhattisgarh, Through- S.H.O., Police Station- Urla, Raipur, District- Raipur (C. G.).

---- Respondent For Applicant : Mr. C. R. Sahu, Adv.

For Respondent/State : Ms. Sunita Jain, G. A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17.08.2020

1. The accused/applicant has moved this second bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 285/2019 registered at Police Station- Urla, Raipur, Civil & Revenue District- Raipur (C.G.) for the offence punishable under Sections 326-A, 34 of IPC.

2. The first bail application of the applicant was dismissed as withdrawn with liberty to revive the same after examination of the material witnesses vide order dated 07.01.2020 passed in MCRC No. 7236/2019.

3. The prosecution story, in brief is that, on the date of incident three persons came on a motorcycle and then one of them took out a bottle, the contents of the bottle were thrown over

complainant Sunil Kumar Sahu, because of which he got injured on his face and hand due to this acid attack. Based on this, offence has been registered. Present applicant has been taken into custody on 12.06.2019.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that other co-accused has been granted bail in MCRC No. 5113/2019 vide order dated 30.09.2019. The applicant is in jail since 12.06.2019, there is no likelihood of his case being decided in near future, therefore, the present appellant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application submitting that the present applicant is a main accused and the offence committed by the applicant is also recorded in CCTV camera. Therefore, the offence committed by the applicant is of serious in nature, so, it is not a fit case to release him on bail.

6. I have heard learned counsel for the parties and perused the case diary.

7. Considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on bail.

8. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.

Sd/- (Rajani Dubey) Judge Ruchi