Bhagwat Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6213 of 2016 Bhagwat Sahu, S/o. Ramcharan Sahu, Aged About 23 Years, R/o. Minimata Chowk, Rawanbhata, Police Station Khamtarai, District Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through the Station House Officer, Police Station Khamtarai, District Raipur, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. D.N.Prajapati, Advocate For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 06.10.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.05/2016 registered at Police Station- Khamtarai, District Raipur (C.G.) for the offence punishable under Section 307, 324, 398, 393, 452, 417, 468, 471, 34 (wrongly mentioned as 434) of Indian Penal Code and Section 25, 27 of Arms Act.

2.

As per the prosecution case, a report was made by one Lukesh Chelak that on 02.01.2016 at about 11:40 p.m., someone knocked the door of the house and when it was opened, two persons covering their mouth entered forcefully into the house and initially assaulted the grand-mother & grand-father and thereafter tried to assault the complainant and the family members by way of knife, which was resisted and during such scuffle, the complainant was assaulted by way of knife and the victim was also assaulted. During such time, another person who entered into the house tried to fled away in the motorcycle.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case, the applicant was called by the complainant in the house and during such conversation, an altercation started and the applicant was assaulted brutally by the complainant and in order to save them from the offence, the false report has been made; therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Prima facie, it appears that the applicant along-with the other co-accused entered into the house, thereafter, assaulted different inmates of the house and lacerated incised wound was also caused to Ganesh Ram, Mukesh Chelak, Janki Chelak, Radha Chelak etc. Considering the facts & circumstances of the case, the way the offence has been committed and the evidence available, I am not inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Ashok