Aniket Pandey v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC(A) No. 1021 of 2015 Aniket Pandey S/o Anil Pandey Aged About 18 Years R/o H.No. 549, Near Little Angels School, Sundar Nagar, Raipur, Teh. & District Raipur (Chhattisgarh).

---- Applicant

Versus

State Of Chhattisgarh Through P.S. D.D. Nagar, Raipur (Chhattisgarh).

---- Respondent For applicant - Shri Maneesh Sharma, Advocate. For Respondent/State - Shri S.R.J. Jaiswal, PL. Hon'ble Shri Justice Goutam Bhaduri Order 27/10/2015 1.

This application under Section 438 of Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Crime No.124 of 2015, registered at Police Station D.D. Nagar,Raipur (C.G.) for offence punishable under Section 294, 324, 506, 307, 34 of IPC. 2.

As per the prosecution case on 14/07/2015 applicant along with other co-accused Prajval Dubey has assaulted Mrityunjay Sharma by way of knife with intention to kill him.

3.

Learned counsel for the applicant submits that applicant has been falsely implicated in this case for the reason that on the earlier occasion one Sangram Singh had assaulted the applicant and his friend and abducted the applicant for which case was registered against Sangram Singh and in order to save Sangram Singh, this false case has been filed by Mrityunjay Sharma who is friend of Sangram Singh. He further submits that applicant is also suffering from Hemophillia A, therefore he may be

enlarged on anticipatory bail.

4.

Per contra, learned State counsel opposes the bail and submits that according to statement of Mrityunjay Sharma, the injured knife blow was caused by Prajval Dubey and the present applicant which is supported by medical report.

5.

Having regard to the fact and nature of the offence and upon consideration of case diary, I am of opinion it is not a case where custodial interrogation may not be required. In the facts of this case, I am not inclined to extend benefit of anticipatory bail to the applicant. 6.

Accordingly, anticipatory bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri