Devdas v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C. No.7469 of 2018 Devdas S/o Shiv Balak, aged about 40 years, Occupation - Agriculture, R/o Pusla, P.S. Sonhat, District Koriya (C.G.). ---Applicant

Versus

State of Chhattisgarh, Through - The Police Station - Sonhat, District Koriya (C.G.).

---Respondent For applicant :

Ms. Preeti K. Kujur, Advocate.

For resp./State :

Shri Ratan Pusty, Government Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 03/10/2018 1.

The applicant has preferred this bail application under Section 439 of Cr.P.C. in connection with Crime No.72/2017 registered at Police Station Sonhat, District Koriya (C.G.) for the offence punishable under Sections 341, 307, 34 & 326 of IPC. 2.

Present is a repeat bail application.

3.

The earlier bail application stood rejected by this Court on 30/11/2017 vide MCRC No. 6317/2017 4.

The counsel for the applicant submits that, the instant repeat bail application has been filed after the victim has been examined and who according him has turned hostile.

5.

Perusal of the deposition show that in the examination in chief itself the victim has in very categorical terms has stated that the present applicant has assaulted the victim with a Tangi on his forehead.

6.

It was this assault which was borne in mind by the Court while rejecting his bail on an earlier occasion.

7.

This Court does not find any substantial change in the case which goes in favour of the applicant for grant of bail. 8.

The instant bail application thus fails and is accordingly rejected.

Sd/- (P. Sam Koshy) Sumit JUDGE