Anshu Gupta @ Dipanshu Gupta vs State Of Chhattisgarh
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Chattisgarh High Court

Anshu Gupta @ Dipanshu Gupta vs State Of Chhattisgarh on 30 January, 2025

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              HIGH COURT OF CHHATTISGARH AT BILASPUR

                                 CRA No. 43 of 2025

Anshu Gupta @ Dipanshu Gupta S/o Rajesh Kumar Gupta Aged About 19 Years
R/o Housing Board, B.S.U.P. Colony, Khalbada Saddu, Block No. 31/25 Saddu
Police Station - Vidhansabha, District Raipur (C.G.)
                                                                   ... Appellant
                                       versus
State Of Chhattisgarh Through - Station House Officer, P.S. Vidhansabha Raipur,
District - Raipur (C.G.)
                                                                 ... Respondent

Order Sheet

30/01/2025 Mr. SP Sahu, counsel for the appellant.

Ms. Anuradha Jain, Panel Lawyer for the State/respondent.

Heard.

Admit.

Also heard on IA No.01/2024, application u/s. 430 BNSS for suspension of sentence and grant of bail.

By the impugned judgment of conviction and order of sentence 05.12.2024 passed by the learned First Upper Sessions Judge, Raipur (CG) in Session Trial No.165/2022, the appellant has been convicted and sentenced in the following manner:-

Conviction Sentence Fine Default u/s.

307 IPC RI for 07 years Rs.100/- RI for 15 days 25 of Arms RI for 01 year Rs.100/- RI for 15 days Act 27 of Arms RI for 01 year Rs.100/- RI for 15 days Act

All the sentences were directed to run concurrently.

Learned counsel for the appellant submits that the appellant was on bail during trial and as per the case of the prosecution, various persons have assaulted the victim, but only appellant has been convicted. He further submits that the appellant has a good case to get success in this appeal, hence, IA No.01/2024 may be allowed and the appellant may be released on bail.

Per contra, learned counsel for the State opposes the bail application and submits that the victim (PW-1) has clearly stated in his statement that the appellant had caused injury to his stomach. Eyewitness Gajendra Sahu (PW-3) has specifically stated that the appellant is the person who assaulted the victim by means of knife. She would further submits that since there is eye witness account, therefore, application for suspension of sentence and grant of bail may be rejected.

Heard learned counsel for the parties and perused the record.

Having considered the deposition of the victim (PW-1) and eyewitness Gajendra Sahu (PW-3) and further considering the injury sustained to the victim, I am not

inclined to suspend the jail sentence at this stage.

Accordingly, IA No.01/2024 is rejected. List this case for final hearing at motion stage in the month of March 2025.

Sd/-

(Naresh Kumar Chandravanshi) Judge

Bini

Digitally signed by BINI BINI PRADEEP PRADEEP Date:

2025.01.30 18:06:24 +0530