Bholadeep vs State Of Chhattisgarh
2023 Latest Caselaw 802 Chatt

                                                                   NAFR

               HIGH COURT OF CHHATTISGARH, BILASPUR
                             MCRC No. 10190 of 2022
      Bholadeep S/o Arun Deep Aged About 24 Years R/o Santoshi
       Nagar, Tikarapara, Raipur, Chhattisgarh ---- Applicant
                                 Versus
      State Of Chhattisgarh Through Station House Officer, Police
       Station Tikrapara, District : Raipur, Chhattisgarh ---- Respondent

For the Applicant/s :- Mr. C.R. Sahu, Adv.

For the State :- Mr. Amit Verma, PL _______________________________________________________________

Hon'ble Shri Justice Sachin Singh Rajput,

Order on Board 08.02.2023

The applicant has preferred this first bail application under

Section 439 of the Cr.P.C. for grant of regular bail he is in custody

in connection with crime No. 572 of 2018 registered in Police

Station Tikrapara, District Raipur, CG for offence punishable

under Sections 307 & 34 of IPC.

2. Case of the prosecution in brief is that a complaint was

lodged by the complainant Sheikh Asmat Ali that on 11.12.2018

while he was working with his friend Mohd. Sadik Tigala , the

applicant called his friend Mohd. Sadik Tigala and assaulted him

with knife as a result of which he received injuries.

3. Learned counsel for the applicant submits that the applicant

has not committed any offence and has been falsely implicated in

the case. He further submits that the applicant has not assaulted

the victim with any weapon rather the allegations are only with

regard to assaulting him with hands and fists. He further relied

upon the judgment of this Court in the case of Bhupesh Sahu & others Vs. State of Chhattisgarh vide order dated 25.01.2023

passed in CRA No. 1879 of 2022. He further submits that the

applicant is in jail since 05.09.2022, trial is not concluded as yet,

therefore, he may be enlarged on bail.

4. State counsel opposes the application and submits that the

applicant was involved in the crime and the injures sustained by

the victim is serious in nature. Though the assault was made by

the co-accused with the knife but he had an active role in

commission of the crime. He further submits that he was

absconding and thereafter, the arrest warrant was issued against

him and he was apprehended. It is further submitted that in the

event of bail there is all possibility of applicant he fleeing from trial,

therefore, he is not entitled for bail.

5. After hearing counsel for the parties and perusing the

documents on record, looking to the overt act alleged; totality of

circumstances and evidence collected so far, this Court does not

find any good ground for grant of bail therefore, the bail

application is hereby rejected.

Sd/-

(Sachin Singh Rajput) Judge PAWAN