Tejram Patel v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1780 of 2020 • Tejram Patel, S/o Doleshwar Prasad Patel, Aged About 24 Years, R/o Chote Atarmuda, Abhinav School Raigarh, District Raigarh Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through: Police Station Chakaradhar Nagar Raigarh, District Raigarh Chhattisgarh. ---- Respondent For Applicant : Mr. Pushpendra Kumar Patel, Adv.

For Respondent/State : Mr. Vimlesh Bajpai, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 11.06.2021

1. The matter is heard through video conferencing.

2. This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending his arrest in connection with Crime No. 350/2020 registered at Police Station- Chakaradhar Nagar Raigarh, District Raigarh (C.G.) for commission of the offence punishable under Sections 294, 327, 506/34 of IPC.

3. Case of the prosecution is that, it has been alleged that present applicant and other co-accused assaulted the complainant and his friend with iron rod in the name of demanding money for wine. Based on this, offence was registered against the present applicant.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that there is no material found against the applicant and no antecedent has been registered

against him, therefore, the present applicant may be granted anticipatory bail.

5. On the other hand, counsel for the State however opposes the application for anticipatory bail by submitting that applicant along with co-accused assaulted the complainant and demanded money from the complainant, therefore, applicant may not be released on anticipatory bail.

6. After hearing counsel for the parties and considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on anticipatory bail.

7. Accordingly, his anticipatory bail application filed under Section 438 of the Code of Criminal Procedure is rejected. Sd/- (Rajani Dubey) Judge Ruchi