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High Court Of ChhattisgarhMCRC/6054/2020rejected

Meghnath Lodhi v. State Of Chhattisgarh

2020-11-27Hon'Ble Shri Justice Gautam Chourdiya2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6054 of 2020 • Meghnath Lodhi, S/o. Jhumuk Lodhi, aged about 60 years, R/o. Village - Bharda Lodhi, Police Station - Saja, District - Bemetara (CG) ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station - Saja, District - Bemetara (CG) ---- Respondent For Applicant : Shri Umakant Singh Chandel, Advocate. For Respondent/State : Ms. Veena Nair, Dy. A.G.

Hon'ble Shri Gautam Chourdiya, J.

Order on Board 27/11/2020 [ 1.

The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.187/2020 registered at Police Station - Saja, District - Bemetara (CG) for the offence punishable under Sections 294, 506B, 324, 307 IPC. 2.

As per prosecution case, allegation against present applicant is that on account of there being previous enmity with the complainant Chandra Kumar Lodhi, on 27.07.2020 at 04:00 PM, the applicant assaulted the younger brother of the complainant

namely Dogendra Harak with axe after abusing him filthily and also threatened him of life as a result of which Dogendra Harak suffered grievous injuries over his head and neck. 3.

Learned counsel for the applicant submits that the applicant is an innocent person and falsely implicated in this case due to previous enmity with the complainant party. Applicant is in jail since 28.07.2020 and conclusion of trial is likely to take some time, therefore, applicant be released on bail. 4.

On the other hand counsel for the State opposes the bail application.

5.

Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the manner in which the assault was allegedly made by the applicant on the victim, the nature of injury suffered by the victim as is seen from MLC report available in the case dairy, without commenting anything on the merit of the case, this Court is of the opinion that present is not a fit case to release the applicant on bail. Accordingly, the application is rejected.

Sd/- (Gautam Chourdiya) Judge Ravi M.