Jay Kishor Singh Alias Chintu vs State Of Chhattisgarh

Ravindra Kumar Agrawal, J

This is first bail application seeking grant of regular bail to the Applicant who is in jail since 05.02.2024 in connection with Crime No.17/2024 registered at Police Station Bhatti Thana, District Durg for the offence punishable under Sections 307, 324, 326, 201, 34 IPC and Sections 25 & 27 of Arms Act.

The prosecution story in brief is that on 01.02.2024 at about 19:30 hours the victim Rajat Pratap Singh has lodged report to the Police against the present applicant and other co-accused alleging in it that he married with the daughter of co-accused Ranveer Singh and after some time of marriage dispute arose between them and today i.e. on 01.02.2024 at about 3:30 p.m. when she was going to her parents house he tried to convince and followed her. At that time at Sector-4 Street No.29, his father-in-law Ranveer Singh and his uncle-in-law Ranjeet and brother-in-law Jay kishore came there armed with sword and danda and started assaulting him. The appolicant gave blow by sword on his head. His uncle-in-law Ranjeet Singh assulted him on Danda on his leg. When he tried to save himself, his father-in-law took the sword from his brother-in-law (applicant herein) and made assault on his neck by the sword which inflicted on his shoulder. By the assault made by the accused persons, he received multiple injuries. The incident was seen by Shailendra Thakur and Jagdish Gond, who rescued him and he was admitted to Sector-9 Hospital, Bhilai. The offence has been registered in which the applicant has been arrested.

Learned Counsel for the applicant would submit that applicant is relative of victim. In the FIR, two eye-witnesses Shailendra Thakur and Jagdish Gond have been named, but they have not supported the prosecution’s case. Query number-4 mentioned in Annexure A/5 with regard to presence of human blood in the clothes seized from the applicant has not been answered by the doctor. The complainant and his family members tortured the sister of applicant due to which a community meeting was held on 03.01.2024 in which they convinced to bury their dispute, yet the same had been made cause to the present incident. The applicant was not present at the place of incident at 3:30 PM which is the time of alleged incident. From the evidence of PW-2 & PW-9, his presence is also not there. In the medical report though there is no fracture in the CT Scan of the victim and the same is a prepared document as the father of victim himself is a doctor in the said hospital. He would further submit that there is inconsistencies in the evidence of witnesses who have been examined before the trial court and they have not supported the version of each other. An afterthought allegations have been levelled against the applicant that he assaulted the victim by sword. The applicant is in jail since 05.02.2024 and out of 21 witnesses only 11 witnesses have been examined till date, therefore, the applicant may be released on bail as final adjudication may take sometime.

On the other hand the counsel for the State opposes the bail application and have submitted that number of injuries have been found on the body of victim including incised wound on his head which was deep up to bone caused by sharp object. From the statement of victim itself it is clearly mentioned that his brother in law Jay Kishore Singh (present applicant) was having sword in his hand at the time of incident and he gave sword blow on his head which is also there in the Dehati Nalisi lodged by the victim. Eye-witness to the incident Shailendra Thakur and Jagdish Gond have also supported the statement of victim that present applicant have assaulted the victim by sword. The sword has been seized from the possession of applicant. The bail application of other co-accused persons namely Ranjeet Singh and Ranveer Singh have already been rejected by this court vide order dated 26.06.2024 in MCrC Nos. 2471/2024 and 2959/2024. In query report, the doctor has opined that injuries found on the body of victim could have been fatal if not treated in time. Trial of case is in progress as 11 witnesses have already been examined. Thus, looking to the

gravity of offence and the nature of allegation against the applicant, he is not entitled for bail.

The counsel appearing for objector supported the arguments advanced by the counsel for the State and would submit that in the query report the doctor has opined that injuries found on the body of deceased could have been caused by the said weapon i.e. sword and it would be fatal if not treated in time. There is clear allegation in Dehati Nalisi lodged by the victim himself that it is the present applicant who caused injuries on his head by the sword. Trial is in progress and therefore he is not entitled for bail.

I have heard the counsel for the parties and perused the material placed in the bail application.

Considering the submissions made by the counsel for the parties; considering the nature of allegations and material collected during investigation, Dehati Nalisi lodged by the victim, his 161 CrPC statement, the statement of witnesses Shailendra Thakur and Jagdish Gond, the nature of injuries found on the body of victim, the manner in which the applicant assaulted the victim, sword has been seized from applicant, bail applications of two other co-accused Ranjeet Singh and Ranveer Singh have already been rejected by this court; out of 21 witnesses 11 witnesses have already been examined and also considering the fact that this court cannot consider the merits of the evidence of witnesses while considering bail application as the same is to be considered by the trial court at the time of conclusion of trial, this Court is of the opinion that present is not a fit case where the Applicant can be enlarged on bail.

Accordingly, the application for grant of bail is rejected.

It is made clear that the observations made by this court is only restricted to the decision of bail application and shall not affect the merits of the case. The trial court is expected to decide the case on its own merit without being influenced by any of the observations made hereinabove.