Panna Nishad v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6537 of 2015 Panna Nishad, S/o Late Pusram Nishad, aged about 34 years, R/o Raj Kirana Store, Vijay Nagar, Camp No.2, Bhilai, Police Station Chhavni, Tahsil and District Durg (C.G.).

---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate, Durg and also through Police Station Chhavni, District Durg (C.G.) ---- Respondent For applicant - Shri P.K. Patel, Advocate.

For Respondent/State - Shri Neeraj Jain, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 1/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 417/2015 registered in Police Station Chhavni, District Durg (C.G.) for offence punishable under section 307/34 of IPC and under Section 25 & 27 of the Arms Act. 2.

As per the prosecution case on 27/07/2015 at about 9.45 pm the applicant along with other co-accused assaulted Rajesh Kumar who was standing near Raj Kirana Store and when mother of the Rajesh Kumar, complainant tried to intervene, she was also assaulted . Assault was made by way of sword and hammer whereby 5 to 6 injuries were sustained by Rajesh Kumar. The injury were inflicted out of the earlier animosity between the parties.

3.

Learned counsel for the applicant submits that the applicant and the injured they were friends and because of certain dispute it is inflicted and there was no intention to kill and there is no bony injury is present on

the injured. He therefore submits that applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard to the facts and circumstances of the case, the manner in which offence is committed and also considering number of injury sustained, this court is not inclined to release the applicant on bail at this stage.

6.

Accordingly, the bail application is dismissed at this stage. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri