K. Ganpati @ Gunny v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4087 of 2017 • K. Ganpati @ Gunny S/o K. Bapaiyya Aged About 42 Years R/o Quarter No. 227/a Zone 2, B.S.Y. Charoda, Police StationG.R.P. Chowki, Bhilai, District- Durg, Chhattisgarh --- Applicant
Versus
• State of Chhattisgarh through: Station House Officer, Police Station- G.R.P. Thana, Bhilai, District- Durg, Chhattisgarh --- Respondent For the applicant :
Ms. Preeti Yadav, Advocate For the State :
Ms. M. Asha, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board .06.2017
1. This is second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 48/2016 registered at P.S. G.R.P. Thana Bhilai, Distt. Durg (C.G) for the offence punishable under Sections 307, 324, 294, 506-B of IPC and sections 25 & 27 of the Arms Act.
2. As per the prosecution case, a report was made my D. Anvesh Rahul that on 19.05.2016 at about 10.00 a.m., certain quarrel took place over procurement of memory card, the applicant came to the house of the victim and called him and abused. Thereafter, he assaulted Anvesh by way of knife and when the father of complainant D. Prakash Rao tried to stop he was also assaulted and the injuries sustained by them were enough to cause death.
3. Learned counsel for the applicant would submit that this is second bail application. The first one was dismissed on
16.09.2016 as withdrawn with liberty to revive the same after examination of the victim. He submits that now the victims D. Prakash Rao and D. Anvesh have been examined and they have not supported the case of prosecution, therefore, the applicant may be enlarged on bail.
4. On the other hand, learned State Counsel opposes the prayer.
5. The case diary shows that apart from the victims, other two eye-witnesses are also there. Considering the same, I am not inclined to allow this bail application. Accordingly, it is rejected.
Sd/- GOUTAM BHADURI JUDGE R a o