Y. K. Soloman v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4661 of 2017 Y. K. Soloman Y.K. Shangba Aged About 35 Years R/o Central Reserve Force 227 Batallion Jagdalpur Chhattisgarh Permanent R/o 9th Affron Senapathi (Wrongly Mentioned As Nenapathi In The First Bail Order) Manipur.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Office, Police Station Ambikapur, District Surguja, Chhattisgarh. ---- Respondent For applicant - Shri S.R. Sinha, Advocate.

For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 26/07/2017 1.

This is second bail application under Section 439 of Cr.P.C. The earlier bail application was dismissed on 28/11/2016 vide M.Cr.C. No.7491 of 2016.

2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 419/2015 registered in Police Station Ambikapur, District Surguja (C.G.). for offence punishable under sections 294, 323, 506, 302/34 of IPC.

3.

As per the prosecution case, a dispute took place between complainant Sanjay Singh and the applicant and others who are in CRPF where the altercation further agrravated. It is alleged that the applicant and other accused have assaulted the complainant Sanjay Singh on 2/08/2015 by kicks as a result of which the complainant sustained head injury. Thereafter he was hospitalized at different places and was being treated and ultimately he died on 11/10/2015. The reason of death was shown as head injury and multiple pathology which would be caused due

to complications of head injury.

4.

Learned counsel for the applicant submits that as per the statement of brother of the victim he died out of liver and respiratory problem and only one injury was on the head and the death was not due to the injury caused by the appellant, therefore, the applicant may be released on bail. 5.

Learned State counsel opposes the prayer for grant of bail. 6.

Perused the statement as also post mortem report. Death is stated to be due to head injury. Considering the same, I am not inclined to release the applicant on bail.

7.

Accordingly, the second bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri