Mukesh Mishra v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCRC No. 6676 of 2017 (Arising out of Crime No. 135 of 2017 registered at P.S. Pulgaon, Distt. Durg, Chhattisgarh for the offences punishable u/ss 341, 307 and 34 of IPC) Mukesh Mishra S/o Shri Santosh Mishra, Aged About 21 Years R/o Bombay Awas, Urla District Durg, Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through the Station House Officer, Police Station Pulgaon, District Durg, Chhattisgarh --- Respondent 05.12.2017 Ms. Upasana Mehta, counsel for the applicant. Mr. S.R.J. Jaiswal, P.L. for the State.

This is first bail application filed u/s 439 of the Code of Criminal Procedure for grant of bail to the applicant. As per the prosecution case, on 12.3.2017, the applicant along-with other accused has caused stab injury to commit murder of victims Pawan Kumar Sahu and Teerath Kumar thereby the offence has been committed. Learned counsel for the applicant submits that the offence would not fall u/s 307 IPC and the other accused have been enlarged on bail. He further submits that the charge sheet has been filed; no further investigation is necessary and the applicant is in jail since 13.03.2017, therefore, he may be released on bail.

Per contra learned State Counsel opposes the bail application.

Perused the statements of injured witnesses Teerath Kumar and Pawan Kumar. The main allegation of causing assault by knife blow is attributed to the present applicant. Considering the same, I am not inclined to allow this bail application. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o