Ajay Kumar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BIL Order Sheet MCRC No. 5976 of 2015 • Ajay Kumar S/O Sagar Singh Gond Aged About 18 Years R/O Village Jewra, P.S. Seepat, Civil & Rev. Distt. Bilaspur, Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House Officer, P.S. Seepat, Distt. Bilaspur, Chhattisgarh.

---- Respondent Pe 16.11.2015 Ms. Seema Singh, counsel for the applicant.

Mr. Arvind Shukla, P.L. for the State.

This is an application filed u/s 439 of the Code of Criminal Procedure for grant of bail to the applicant in connection with Crime No. 137 of 2015 registered at P.S. Seepat, Civil and Revenue District Bilaspur , (C.G) for the offence punishable u/s 294, 323, 506, 307/34 IPC. As per the prosecution case, on 14.07.2015 at about 7.30 p.m., applicant assaulted victim/injured Goutam Gond by knife, by which, he suffered grievous injury which was sufficient to cause death.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the offence and the other co-accused Narendra Gond and Rajendra Gond have been enlarged on bail in M.Cr.C.Nos.4597 and 4706 of 2015 by order dated 21.09.2015 and therefore, the present applicant may also be enlarged on bail.

Per contra learned State Counsel opposes the bail application.

After going through the order dated 21.09.2015 passed in M.Cr.C.No.4597 & 4706 of 2015, it is found that the other co-accused were enlarged on bail on the ground that the assault was made by this applicant Ajay Kumar. Considering the fact that the main allegations of assault of causing injury by knife is against this applicant, I am not inclined to release the present applicant on bail. Accordingly, the bail application is rejected. Sd/- GOUTAM BHADURI JUDGE Rao