Mukutram v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3078 of 2017 Mukutram, S/o. Kholbahara, Aged About 55 Years, R/o. Village Madwa, Police Station Janjgir, District Janjgir-Champa, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through Police Station AJK Janjgir, District JanjgirChampa, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Rakesh Pandey, Advocate For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 01.05.2017 1.

This is the second 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. 279/2016 registered at Police Station- AJK Janjgir, District JanjgirChampa (C.G.) for the offence punishable under Section 147, 148, 294, 450, 302 of Indian Penal Code and Section 3(2)(v) of SC/ST Prevention of Atrocities Act. The first bail application was dismissed as withdrawn on 15.03.2017 in MCRC No.902 of 2017. 2.

Case of the prosecution, in brief, is that on 23.06.2016 the applicant Mukutram along-with other co-accused assaulted one Lav Kumar Rohidas whereby he died.

3.

Learned counsel for the applicant would submit that out of 23 witnesses, 8 witnesses have been examined and the son & wife of the deceased have also not supported the case of the prosecution; therefore, applicant may be released on bail.

4.

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

5.

Perused the statement of Raj Patle (PW-2) wherein at Para 2 statement has been made against the applicant. Therefore, at this stage, it would not be proper for this Court to evaluate the entire case by picking up few lines of the statement of some witnesses, as it would amount to usurp the power of the trial Court and adjudicate the case on merit while hearing the bail application. Considering the same, I am not inclined to entertain this second bail application.

6.

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

Sd/- (Goutam Bhaduri) Judge Ashok