High CourtsSingle Bench

Khanna Sahu vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 18 April 2019 · Citation: (2019) 04 CHH CK 0116

HON’BLE JUDGES
Sharad Kumar Gupta, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 294, 307, 323, 506
RESULT
Dismissed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 2107 Of 2019
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Judgment

8 paragraphs · 273 words

Sharad Kumar Gupta, J

1.

This is the first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2.

Perused the case diary provided by the learned counsel for the State in connection with Crime No.44/2019 registered at Police Station- Bhatapara(Gramin), District- BalodaBazar- Bhatapara (C.G.) for the offence punishable under Sections 294, 506, 323, 307, 34 of IPC.

3.

Case of the prosecution, in brief is that on 28.01.2019 at about 3:00 pm, at village Kulipota, co-accused Chandu Sahu, Sanad Sahu caught hold complainant Mannu Yadu, co-accused Chandu Sahu beat him, applicant caused injury on his head by iron rod. As per the MLC report of complainant two lacerated wounds were found on his occipital region caused by hard and blunt object. As per the query report doctor stated that if he could not have received treatment in proper time then he might have died.

4.

Learned counsel for the applicant submits that applicant has no criminal background, he is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, learned counsel for the State opposes the bail application, however, submits that there is no criminal antecedent against the applicant in police case diary.

6.

Looking to the above mentioned facts and circumstances of the case, looking to the material available on record, looking to the seriousness of the offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected.

7.

Certified copy as per rules.