Rakesh Dhiwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.10031 of 2018 Rakesh Dhiwar S/o Ramavtar Dhiwar Aged About 23 Years R/o Village Sonarpara, Police Station- Ratanpur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station- House Officer, Police StationRatanpur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh.

---- Respondent For the Applicant :

Shri Dharmesh Shrivastava, Advocate For the State :

Shri Arvind Shukla, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.442/2018 registered at Police Station Ratanpur, District Bilaspur (C.G.) for the offence punishable under Section 147, 294, 323, 506, 453 and 307 of IPC.

3. Case of the prosecution, in brief is that on 08/11/2018 about 7 p.m. at village Chapora, applicant and co-accused abused complainant Devkumar gave threats to kill him, beat him by hands and fist, applicant caused injury on the back of the complainant Devkumar by knife. Applicant and co-accused also beat complainant Sandeep Yadav and Satwantin Bai.

4. As per query report doctor opined that the injury of the complainant Devkumar was not grievous in nature, if immediate treatment could have not been provided then he might have not been died.

5. Learned counsel for the applicant submits that he has innocent and falsely implicated in the present case, therefore, he shall be released on bail.

6. On the other hand, counsel for the State opposes the bail application. He

further submits that no criminal antecedents against the applicant.

7. Looking to the facts and circumstances of the case, looking to the MLC report of complainant Sandeep Yadav and Satwantin Bai it is ordered that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that he shall appear before the trial Court at 11.00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde