Chattisgarh High Court
Nikhil Ramteke vs State Of Chhattisgarh on 31 July, 2024
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
2024:CGHC:28387
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 4938 of 2024
1.Nikhil Ramteke S/o Naresh Ramteke Aged About 19 Years R/o Station Para, Shankarpur Road, P.S.- Op Chikhali, Thana- City Kotwali, District : Rajnandgaon, Chhattisgarh ... Applicant versus
1. State Of Chhattisgarh Through S.H.O., P.S.- Dongargarh, District : Rajnandgaon, Chhattisgarh ... Non-applicant For Applicant : Mr. Pranav Tiwari, Advocate For Non-applicant : Mr. Praveen Das, Dy. Advocate General (Hon'ble Shri Parth Prateem Sahu, Judge) Order On Board 31/07/2024
1. Applicant has filed this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he was arrested in connection with Crime No. 656 of 2023 registered at Police Station : Dongargarh, District - Rajnandgaon (C.G.) for offence punishable under Sections 147, 148, 307 and 302 r/w Section 149 of Indian Penal Code, 1860 and Sections 25 and 27 of the Arms Act.
2. Case of the prosecution, in brief, is that, on 19.10.2023 Sohail Raza received a phone call that some person have assaulted Adil Khan near Anna Idli Centre, Railway Station, Dongargarh. Upon receiving information, Sohail Raza along 2 with four other friends reached the place of incident on motorcycle. When one Kastu @ Kaushlendra Sahu was staring upon the person who came there, Akshay Larokar stated that why he was looking upon them and thereafter quarrel took place between them. In the quarrel, some persons have assaulted by means of knife upon which Sohail Raza and Akshay Larokar suffered grievous injuries. During treatment Akshay Larokar succumbed to injuries. Incident was reported to concerned police station and during investigation applicant was arrested on 23.10.2023.
3. Learned counsel for applicant would submit that applicant is innocent and has not committed any offence as alleged. He has been falsely implicated in aforementioned crime. He contended that eye-witnesses to the incident i.e. Sohail Raza, Praveen Sahu and Aadil Khan are examined before learned Trial Court and have not supported the case of prosecution with respect to applicant. Four other co-accused persons have been enlarged on bail vide order dated 14.03.2024, 12.04.2024 and 10.07.2024 in MCRC No. 1499, 2273, 2306 and 4082 of 2024. Case of present applicant is in better footing then those co- accused persons. Applicant is in jail since 23.10.2023, hence, he may be enlarged on regular bail.
4. Learned State counsel opposes the submission made by learned counsel for applicant and submits that there are specific allegation against applicant also in the statement recorded under Section 161 of Cr.P.C.. However, he submits that submission of learned counsel for applicant based on deposition of Sohail Raza, Praveen Sahu and Aadil Khan is subject matter of appreciation by learned Trial Court.
5. I have heard learned counsel for the respective parties. 3
6. Considering facts and circumstances of the case, nature of allegation, submission made by learned counsel for respective parties, in particular, submission of learned counsel for applicant based on deposition of Sohail Raza, Praveen Sahu and Aadil Khan and further that three other co-accused persons have already been enlarged on bail by this Court vide order dated 14.03.2024, 12.04.2024 and 10.07.2024 in MCRC No. 1499, 2273, 2306 and 4082 of 2024, without commenting anything on merits of the case, I am inclined to enlarge the applicant on regular bail.
7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that -
a) Applicant shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.
b) The applicant shall not, in any manner, tamper with the prosecution witnesses.
c) If the applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of Bail.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) JUDGE Shayna