Chattisgarh High Court
O. Ravindra @ Cartoon vs State Of Chhattisgarh on 13 March, 2024
Neutral Citation
2024:CGHC:9451
-1-
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 1610 of 2024
O. Ravindra @ Cartoon S/o O. Ramna Rao Aged About 18 Years R/o
Raneshwar Nagar, Bhanpuri, P.S.- Khamtrai, Dist. (Revenue And
Civil)- Raipur, C.G.
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station-
Khamtari, Dist.- Raipur, C.G.
---- Respondent
For Applicant : Mr. Yogesh Pandey, Advocate For State : Mr. UKS Chandel, Dy. A.G. S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 13/03/2024
1. Applicant has filed this bail application under Section 439 of Cr.P.C. for grant of regular bail as he was arrested in connection with Crime No.663 of 2021 registered at Police Station - Khamtrai, District- Raipur (CG), for offence punishable under Section 302 of IPC and Sections 25, 27 of the Arms Act.
2. Case of the prosecution, in brief, is that one Naresh Dhruv lodged a report in the concerned police station on 16.10.2021 stating that on 15.10.2021 at about 5:30 pm, he along with Vishal Dhruv alias Jhadi went to country liquor shop to purchase liquor. At that point of time, applicant came there and on the ground of standing in queue started quarreling. During quarrel, Neutral Citation 2024:CGHC:9451 -2- applicant dragged Vishal on the side of liquor shop and assaulted him by means of knife. Based on the report, aforementioned crime was registered against the applicant and he was arrested on 16.10.2021.
3. Learned counsel for applicant submits that the applicant has not committed any offence. He has been falsely implicated in the crime. During trial, material witnesses have now been examined and they have not supported case of prosecution. He also contended that, even the complainant is now examined before Court and he also not supported case of prosecution.
4. On the other hand, learned counsel for the State opposed the submission of learned counsel for the applicant. He submits that Naresh Dhruv is the eyewitness and other witnesses Topu, Raja Sinha, Sonu Nirmalkar have seen the applicant running from place of incident holding a knife in his hand and also bleeding from one of his hand. He further submits that deposition based upon which the learned counsel for the applicant made submission is the subject matter of appreciation by the trial Court.
5. I have heard learned counsel for the parties.
6. Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for the applicant based on deposition of the witnesses and date of Neutral Citation 2024:CGHC:9451 -3- arrest of applicant since 16.10.2021, without commenting anything on merit of the case, I am inclined to enlarge the applicant on bail.
7. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal 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) Applicant shall not, in any manner, tamper with the prosecution witnesses.
Certified copy as per rules.
Sd/--/--/---/-/---/-/-
(Parth Prateem Sahu) Judge Praveen