High Court Of ChhattisgarhMCRC/5936/2015dismissed

Pappu @ Bhushan v. State Of Chhattisgarh

2015-11-05Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5936 of 2015 • Pappu @ Bhushan S/o Ramkaya Baiswar Aged About 22 Years R/o Village Barahpan, Thana Waidhan, Civil & Rev. Distt. Singrouli (Madhya Pradesh).

---- Petitioner

Versus

• State Of Chhattisgarh Through The Station House Officer, P.S. Raghunathnagar, Distt. Balrampur Ramanujganj, Chhattisgarh. ---- Respondent For the applicant :

Mr. Sunil Sahu, Advocate For the Respondent :

Mr. Arvind Shukla, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 05.11.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 04/2015 registered at P.S. Raghunathnagar, Distt. Balrampur Ramanujganj (C.G) for the offence punishable under Sections 341 & 394 of IPC.

2. As per the prosecution on 09.01.2015 at about 11 O' clock when the complainant Jitendra Keshari was coming from Baidhan to Ramanujganj by Motorcycle , on the way at Tugwa border he was intercepted by the applicant and the co-accused and demanded money from the complainant and when he he has not given money, he was assaulted by applicant Pappu and a cash of Rs.3500/- as also a mobile was looted from him. The report was lodged on 11.01.2015 and during investigation, the applicant was arrested.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case as there has been previous enmity against the accused and the medical report do not conform to the allegations of assault. He further submits that the applicant is in jail

since 12.08.2015 and the charge sheet has been filed, therefore, he may be enlarged on bail.

4. Per contra learned State Counsel opposes the bail application.

5. Having regard to recovery of mobile which was made from the applicant and in the FIR, the name of applicant was clearly mentioned and the way in which the offence was committed, I am not inclined to release the applicant on bail.

6. Accordingly, the application for grant of bail is rejected. Sd/- GOUTAM BHADURI JUDGE Rao