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High Court Of ChhattisgarhMCRCA/1423/2016dismissed

Chandan Sarthi v. State Of Chhattisgarh

2017-11-24Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1423 of 2016 Chandan Sarthi S/o Chamru Sarthi, Aged About 33 Years R/o Jarhabhatha, Kasturba Nagar, Bilaspur, Police Station- Civil Line, District- Bilaspur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, Police StationCivil Line, Bilaspur, District- Bilaspur Chhattisgarh. ---- Respondent For the Applicant :

Shri Y.C. Sharma, Advocate For the Non-applicant :

Shri A.K. Swarnkar, Panel Lawyer ---------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 24/11/2017

1. This is the first bail application under Section 438 of the CrPC and there is no bail application is pending before any other Court.

2. The applicant is apprehending his arrest in connection with Crime No.602/16 registered at Police Station Civil Line, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Section 307/34 of IPC.

3. As per prosecution story in brief is that on 04/10/2016 at 9.30 p.m. altercation took place between the present applicant and the complainant Jivan Singh Dhruv. At the point of time co-accused Dinesh Kumar caused the injury on his abdomen by knife. Chargesheet has been filed against the applicant and co-accused Dinesh. As per the final report applicant has been declared absconded.

4. Learned counsel for the applicant submits that applicant has been falsely implicated in this case, therefore, he may be granted anticipatory bail.

5. On the other hand learned State counsel has opposes the bail application.

6. Looking to the facts and circumstances of the case, looking to the seriousness of the alleged offence and also the impact of granting anticipatory bail on the society, this Court is not inclined to extend the benefit of anticipatory bail to the applicant.

7. Accordingly, anticipatory bail application is dismissed. Sd/- (Sharad Kumar Gupta) Judge Kamde