Raju Vishwakarma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7234 of 2015 Raju Vishwakarma S/o Kanchan Vishwakarma Aged About 25 Years R/o Chandua Toli, Daltanganj, At Present R/o 15 Block, Arnapara, Korba, Tahsil & Distt. Korba, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Chowki, C.S.E.B., P.S. Kotwali, Distt. Korba, Chhattisgarh.

---- Respondent For applicant -Shri Atanu Ghosh, Advocate.

For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 22/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 517/2014 registered in Police Station Chowki C.S.E.B., P.S. Kotwali, District Korba (C.G.) for offence punishable under section 302/34 of Indian Penal Code. 2.

As per the prosecution case, applicant along with other co-accused assaulted the deceased Vijay, thereby he died. 3.

Learned counsel for the applicant submits that out of the 12 cited witnesses, 10 witnesses have been examined and two witnesses are still to be examined and nothing has been stated against this applicant, therefore learned counsel prays for release of the applicant on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard to the fact that 10 witnesses have already been examined, consideration and evaluating evidence of such witnesses will amount to conducting mini trial by this court while considering bail. Since two witnesses are only remaining to be examined, therefore I do not want to go into evaluating evidence of the witnesses at this stage. Therefore,

this court is not inclined to release the applicant on bail. 6.

Accordingly, the bail application is dismissed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri