Bhagwat Sahu v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5012 of 2017 Bhagwat Sahu, S/o. Ramcharan Sahu, Aged About 23 Years, R/o. Minimata Chowk, Rawanbhata, Police Station Khamtarai, District Raipur (Chhattisgarh).
---- Applicant
Versus
State Of Chhattisgarh, Through Station House Officer, Police StationKhamtarai, Raipur, District Raipur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. C.K.Kesharwani, Advocate For Respondent :
Mr. Sangharsh Pandey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 16.08.2017 1.
This is the third 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.05/2016 registered at Police Station- Khamtarai, District Raipur (C.G.) for the offence punishable under Section 307, 324, 398, 393, 452, 417, 468, 471/34 of Indian Penal Code & Section 25 & 27 of Arms Act. The first bail application was dismissed on merit on 06.10.2016 and second bail application was dismissed on 20.07.2017 for want of prosecution.
2.
Case of the prosecution, in brief, is that a report was made by one Lukesh Chelak that on 02.01.2016 at about 11:40 p.m. someone knocked the door of the house and when it was opened, two persons covering their mouth entered forcefully into the house and initially assaulted the grand-mother & grand-father and thereafter tried to assault the complainant and the family members by way of knife, which was resisted and during such scuffle, the complainant was assaulted by way of knife and the victim was also assaulted.
During such time, another person who entered into the house tried to fled away in the motorcycle.
3.
Learned counsel for the applicant submits that the first bail application was dismissed on merit on 06.10.2016 and second bail application was dismissed for want of prosecution. He submits that on the basis of which the first bail application was rejected, the statement of Ganesh Ram, Mukesh Chelak, Janki Chelak, Radha Chelak etc. have been examined and they have not supported the case of the prosecution. He further submits that the important witnesses alongwith other witnesses have been examined, therefore, the applicant may be released on bail. 4.
Per contra, learned State counsel opposes the prayer for grant of bail.
5.
Since on the earlier date, the condition of the applicant was stated to be serious, therefore, the State counsel was asked to call for the medical report.
6.
Perused the medical report, which was obtained which shows that presently the condition of the applicant is well. Taking into fact that most of the witnesses have been examined, at this stage, it is not proper for this Court to evaluate the statement of the witnesses and give a finding while hearing the bail application, as it would amount to usurp the power of the trial Court. Considering the same, I am not inclined to allow the instant third bail application and release the applicant on bail.
7.
Accordingly, the third bail application is dismissed. Sd/- (Goutam Bhaduri) Judge Ashok