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High Court Of ChhattisgarhMCRC/9147/2021dismissed

Siddharth @ Dadu, v. State Of Chhattisgarh,

2021-12-17Hon'Ble Shri Justice Deepak Kumar Tiwari2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.9147 of 2021 • Siddharth @ Dadu, S/o Panna Sonwani, Aged About 21 Years, R/o Aama Talab, Sarthi Para, Police Station Azad Chowk, Raipur, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh, Through - Station House Officer, Police Station Azad Chowk, District Raipur, Chhattisgarh ---- Respondent For Applicant Mr. A. D. Kuldeep, Advocate For Respondent Mr. Shakti Singh, PL Hon'ble Justice Shri Deepak Kumar Tiwari Order On Board 17/12/2021 1.

The applicant has preferred this second bail application under Section 439 of CrPC for grant of regular bail, as he has been arrested in connection with Crime No.54/2021, registered at Police Station Azad Chowk, District Raipur for the offence punishable under Sections 294, 323, 324 & 326 of IPC. 2.

The first bail application of the applicant was dismissed on 04.08.2021 in MCRC No.4287/2021 reserving liberty in favour of the applicant to revive the prayer after examination of injured Ku. Manju Sarthi.

3.

The case of the prosecution in brief is that on 29.03.2021 at about 2 pm, the applicant was beating the dog, then the

complainant Manju came there and objected to the same, then the applicant assaulted Manju by knife and also used filthy language, so the offence has been registered. 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 the applicant is in jail since 04.06.2021 and the victim has already been examined and she has turned hostile, therefore, he may be released on bail. 5.

On the other hand, learned State counsel opposes the bail application.

6.

I have heard learned counsel appearing for the parties and perused the case diary.

7.

Considering the facts and circumstances of the case, particularly the statement of complainant Manju Sarthi (PW-1), in which she has categorically stated that the accused inflicted injuries on her body with the help of knife, this Court does not find the present to be a suitable case to release the applicant on bail.

8.

Accordingly, the bail application is dismissed. Sd/- Deepak Kumar Tiwari Judge Nirala