Rameshwar Nishad v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4989 of 2017 Rameshwar Nishad S/o Gariba Nishad Aged About 26 Years R/o Village Lahnga, Police Station Nandni Distsrict Durg, Chhattisgarh. ---- Applicant
Versus
State Of Chhattisgarh Through Its Police Station Nandni Nagar, Civil & Revenue District- Durg, Chhattisgarh.
---- Respondent For applicant Mr. Ravi Maheshwari, Adv.
For Respondent/State Mr. Suryakant Mishra, Panel Lawyer.
Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 3-111. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no bail application is pending before any other court.
2. Perused the copy of the case diary produced by counsel for the State in connection with Crime No. 113/2017 registered in police station Nandni Nagar, Civil and Revenue Distt. Durg (CG) for offence punishable under Section 307 of the I.P.C. and also heard counsel for the parties.
3. Prosecution story in brief is that on 2-5-2017 at 8 am at village Lahanga, applicant caused injuries on the body of complainant Ajit Banjare on his neck and back by an axe. As per injury report, two lacerated wounds were found on neck and back caused by hard and blunt object. The injuries were grievous in nature.
4. In the query report, doctor has written that if the injuries are not treated in time, the injured may be died due to excessive bleeding.
5. Charge sheet has been filed. The applicant is in custody since 2-52017.
6. Counsel for the applicant argued that the applicant is innocent and falsely implicated hence he may be released on bail.
7. On the other hand, the Panel Lawyer appearing for the State opposed the bail application.
8. Looking to the 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.
9. Consequently, the MCRC is dismissed.
Sd/- (Sharad Kumar Gupta) Judge Pathak