Chattisgarh High Court
Rakesh Dubey vs State Of Chhattisgarh on 24 February, 2022
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No.246 of 2022
Rakesh Dubey S/o Late Janki Prasad Dubey Aged About 35 Years R/o Near
Khowa Mandi Golbazar, Bilaspur, P. S. City Kotwali, District Bilaspur Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through P. S. City Kotwali, District Bilaspur Chhattisgarh
---- Respondent
For Applicant : Mr. Tapan Kumar Chandra, Advocate For Respondent - State : Mr. Anurag Verma, PL for the State Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board 24.02.2022
1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.206/2018, registered at Police Station Kotwali, District - Bilaspur (CG) for the offence punishable under Sections 451, 294, 323, 307, 302, 506, 34 of the IPC and Section 4 & 5 of C.G. Tonahi Pratadna Nivaran Act, 2005.
2. As per the prosecution case, in brief is that the applicant along with the other co-accused persons assaulted the complainant/deceased due to which he sustained injuries on vital parts of his body. During medical treatment he succumbed to death.
3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that the present applicant at the time of incident was admitted in the Community Health Center, Jaijaipur from 04.05.2018 to 07.05.2018. It is next submitted that out of 35 witnesses only one witness has been examined before the trial Court and has turned hostile and the applicant is in jail since 14.08.2020, therefore, the applicant may be enlarged on bail.
4. Per contra, learned State counsel opposes the prayer for grant of bail and submits that the incident took place at Bilaspur at about 12.00 p.m. on 06.05.2018 and the present applicant was hospitalized from 04.05.2018 to 07.05.2018 at Community Health Center, Jaijaipur for stomach pain, which is false and fabricated. It is next submitted that there are criminal antecedents of the applicant and in the FIR the complainant/ deceased has specifically named the present applicant, the offence is of serious in nature, therefore, the bail application deserves to be dismissed.
5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the present applicant has been specifically named in the FIR, particularly considering that the role played by the Applicant in the alleged commission of offence, as the offence is of serious in nature, I am not inclined to grant regular bail to the Applicant.
6. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is rejected.
7. However, the applicant is at liberty to revive the bail application after examination of the material witnesses.
Sd/-
(Deepak Kumar Tiwari) Judge Yasmin