Bhima & ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5479 of 2020
1. Bhima S/o Shri Fandar Dewaar Aged About 25 Years Resident Of Village Dongargaon, P.S. Dongargaon District Rajnandgaon Chhattisgarh
2. Devkaran Dewaar S/o Shri Devanand Dewaar Aged About 23 Years Resident Of Village Dongargaon, P.S. Dongargaon District Rajnandgaon Chhattisgarh
3. Shiva S/o Shri Fandar Dewaar Aged About 23 Years Resident Of Village Dongargaon, P.S. Dongargaon District Rajnandgaon Chhattisgarh
4. Devkumar Dewaar S/o Shri Devanand Dewaar Aged About 28 Years Resident Of Village Dongargaon, P.S. Dongargaon District Rajnandgaon Chhattisgarh
5. Raj Dewaar S/o Shri Dharmendra Dewaar Aged About 20 Years Resident Of Village Dongargaon, P.S. Dongargaon District Rajnandgaon Chhattisgarh ---- Applicants
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Dongargaon District Rajnandgaon Chhattisgarh ---- Respondent For Applicants :
Shri Ishan Verma, Advocate For State :
Shri Ravish Verma, Govt. Adv.
Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 08/10/2020 Heard.
1.
The applicants have been arrested in connection with Crime No.128/2020 registered at Police Station - Dongargaon, Rajnandgaon (C.G.) for alleged commission of offences under Section 147, 148, 149, 307 & 34 of IPC. 2.
Prosecution case is that the applicants, armed with club and sharp edged weapon, attacked and assaulted injured Dharmendra, Manoj and Suraj causing multiple incised wounds on the face and forehead with intention to cause death. 3.
Learned counsel for the applicants submits that the applicants were not the
aggressors but it was the injured, who came out making certain allegations. the applicants may be granted bail. It is submitted that the allegations against the applicants are exaggerated. There was no intention to cause death and looking to the nature and extent of injury, case under Section 307 IPC cannot be said to be made out. 4.
On the other hand, learned State counsel opposes bail application and submits that the applicants assaulted the victims with sharp edged weapons causing multiple injuries with intention to cause death. Therefore, the applicants may not be granted bail. 5.
Taking into consideration the submission of learned counsel for the parties and material available on record, present is not a fit case for grant of bail. The application is, accordingly, rejected.
Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti