Aatish Bharadwaj v. State Of Chhattisgarh
MCRC No. 3956 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3956 of 2021 • Aatish Bharadwaj S/o Shri Amir Bharadwaj Aged About 25 Years R/o Village Saajapali, Police Station Akaltara, District Janjgir Champa Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh Through District Magistrate, Janjgir Champa Chhattisgarh.
---- Respondent For Applicant :- Mr. Ashutosh Trivedi, Advocate For Respondent-State :- Mr. Vikram Sharma, Dy.G.A.
Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 15/07/2021
1. The applicant has preferred this second bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.27/2020 registered in Police Station Akaltara, District Janjgir-Champa C.G. for the offence punishable under Sections 302, 324 of the I.P.C.
2. On a dispute relating to Panchayat election, applicant obstructed the way of deceased Kishore Upadhyay, abused him and caused injuries over his head by means of axe. The
MCRC No. 3956 of 2021 incident was witnessed by Bhagwat Ratnakar and Chhatrapal Pradhan. While dismissing the first bail application of the present applicant liberty was reserved to revive the prayer after examination of the eye witnesses. Now the eye witnesses have already been examined before the trial Court and they have not supported the prosecution.
3. Considering the quality of evidence and for the fact that applicant is in jail since 24.2.2020 i.e., for about 1 1⁄2 years and the eye-witnesses have already been examined, I am inclined to release the applicant on bail.
4. Accordingly, the application is allowed and the applicant is directed to be released on bail on executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.
SD/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi