Chaurasiya @ Kameshwar Kumhar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.5758 of 2020 • Chaurasiya @ Kameshwar Kumhar, S/o Devsai, Aged About 25 Years, Occupation Laborer, R/o Village Devgarh Pandripara, Police Station Sitapur, District Surguja, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station Sitapur, District Surguja, Chhattisgarh ---- Respondent For Applicant Shri Nishi Kant Sinha, Advocate For Respondent Shri Gagan Tiwary, Dy. GA Proceeding through Video Conferencing Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 14/10/2020 1.

The applicant has preferred this bail application under Section 439 of the CrPC, as he has been arrested in connection with Crime No.37/2020, registered at Police Station Sitapur, District Surguja (C.G.) for the offence punishable under Section 302 read with Section 34 of IPC.

2.

The present applicant Chaurasiya @ Kameshwar Kumhar, Shyamnarayan and Ashok have caused injuries on the person of the deceased when an altercation took place during the intervening night of 11th and 12th April, 2020. Atleast 3 witnesses namely, Sukhlal (first informant), Samina Bai and Vishwanath have seen the occurrence and have named the present applicant

as one of the assailant.

3.

Although co-accused Jogsai Kumhar has been allowed bail by this Court in MCRC No.5749/2020, but his case is distinguishable on the ground that initially the eye witnesses have not named him as one of the assailant but his name was stated after about a month of the incident.

4.

Considering the entire facts situation of the case, the present is not considered to be a fit case for release of the applicant on bail. 5.

Accordingly, the bail application is dismissed with liberty to revive the prayer after examination of the above 3 eye witnesses namely Sukhlal, Samina Bai and Vishwanath.

Sd/- Prashant Kumar Mishra Judge Nirala