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High Court Of ChhattisgarhMCRC/6911/2018rejected

Anurag Suryavanshi v. State Of Chhattisgarh

2018-10-25Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6911 of 2018 Anurag Suryavanshi S/o Ramnarayan Suryavanshi Aged About 26 Years R/o Village Khokhra, P.S. And Tehsil - Janjgir-Champa, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Janjgir, District - JanjgirChampa, Chhattisgarh. ---- Respondent For the Applicant :

Shri Vishnu Koshta, Advocate For the State :

Shri Satish Gupta, Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /10/2018

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the counsel for the State in connection with the Crime No.494/2018 registered at Police Station Janjgir, District Janjgir-Champa (C.G.) for the offence punishable under Sections 294, 323, 327, 307, 506 of IPC.

3. Case of the prosecution, in brief is that Girja Singh Gaharwar was the Supervisor of the Contractor Subhash Kumar Agrawal. On 17/08/2018 applicant quarreled with him abused him and asked that they have dumped the boulder in his land, thus they pay rent for it. At that time complainant-Chowkidar Manoj Kumar Suryawanshi reached there and tried to pursue. Applicant threatening complainant Manoj Kumar abused him and caused injury on his head by iron pipe. Fracture was found on his temporal and parietal bone. Private doctor had given the opinion that if the complainant Manoj Suryawanshi would not have get complete treatment then he may die.

4. Learned counsel for the applicants submits that applicants are innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application. He further submits that one criminal case under Excise Act has already registered against the applicant.

6. Looking to the above mentioned facts and circumstances of the case, looking to the seriousness of the alleged offence and also the impact of granting bail on the society, this Court is not inclined to grant bail to the applicant.

7. Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge Kamde