High Court Of ChhattisgarhMCRC/4455/2021rejected

Jitendra Ram v. State Of Chhattisgarh

2021-07-22Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4455 of 2021 Jitendra Ram S/o Sastu Ram Aged About 28 Years R/o Village Dodka Chaura, Thana Jashpur, Tehsil And District Jashpur Chhattisgarh. --- Applicant

Versus

State of Chhattisgarh through the Police Station Jashpur District Jashpur Chhattisgarh. --- Respondent For the applicant :

Mr. Sanjay Agrawal, Advocate.

For the Respondent :

Mr. Rahul Jha, Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .07.2021

1. This is second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 144/2020 registered at Police Station Jashpur, Distt. Jashpur (C.G) for the offences punishable under Sections 307, 120-B/34 of IPC.

2. As per the prosecution case, there was a land dispute between the complainant Dashrath Prasad Jaiswal and the applicant's party. It is alleged that on 14.07.2020 while Dashrath Prasad was on his morning walk at 4 a.m., the applicant alongwith other accused assaulted him with hands and fists.

3. Learned counsel for the applicant submits that earlier the bail of the present applicant was rejected on that ground that apart from the instant case, 5 other criminal cases were registered against him. Learned counsel submits that out of 5 other cases, 3 were of sections 457 & 380 of IPC registered

in the year 2008-2009, and one was under the Gambling Act and the other case was under sections 107, 116(3) of Cr.P.C, therefore, the applicant may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Earlier while the bail of the present applicant was rejected on 19.1.2021 in M.Cr.C. No.6326/2020, the main grounds for not granting the bail were consideration of the statement of Dashrath Prasad and the fact that 5 other cases were registered against the present. The said position does not improve or change as the fact remains that in the past 5 other cases were to the credit of the applicant. Therefore, I am not inclined to allow this bail application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE Rao