Vicky Uraon v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6079 of 2021 1.

Vicky Uraon S/o Santosh Uraon, Aged About 18 Years, Caste Uraon, Resident Of Jariya, Pipartoli, Police Station Bedo, District Ranchi (Jharkhand).

---- Applicant

Versus

1.

State Of Chhattisgarh, Through Station House Officer, Police Station Duldula, District Jashpur (C.G.).

---- Non-Applicant For Applicant :

Mr. Jitendra Kumar Saxena, Advocate.

For Non-Applicant/State :

Mr. Rahim Ubwani, Panel Lawyer.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 13/09/2021 1) The applicant has preferred this Firs t Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in custody since 12/04/2021 in connection with Crime No. 32/2021, registered at Police Station Duldula, District Jashpur (C.G.) for the offence punishable under Sections 394 of Indian Penal Code and under Section 25 & 27 of Arms Act.

2) Allegation against the present applicant is that on 06/04/2021 he alongwith other co-accused persons assaulted the complainant Janardan Gupta with butt (Kunda) of the country made Pistol on his head repeatedly and looted Rs. 1 Lakh from him. 3) Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this case. He submits that the applicant is in jail since 12/04/2021, charge sheet has already been filed, there is no apprehension of his tampering with the prosecution evidence or influencing the witnesses and conclusion of the trial is likely to take some time

due to COVID-19 Pandemic. Therefore, the present applicant be released on bail on ground of parity.

4) On the other hand, learned counsel for the State opposes the bail application.

5) I have heard the learned counsel appearing for the parties. 6) Considering the facts and circumstances of the case, the nature of allegation against the applicant, out of the looted amount Rs. 8,000/- and the motorcycle used in commission of offence has been seized from the applicant, the injuries suffered by the complainant i.e. lacerated wounds over left eyebrow and parietal region, multiple abrasions over parietal region and other material available in the case dairy, without commenting anything on merits of the case, this Court is not inclined to release the applicant on bail. Accordingly, the application is rejected. -Sd/- (Gautam Chourdiya) Judge Chandrakant