Dismissed

Dhansay Chauhan v. State of Chhattisgarh

Chhattisgarh HC11 Aug 2020MCRC/1567/2020

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of two bail applications filed by Dhansay Chauhan and Karan Kumar under Section 439 CrPC. Rejecting the plea, the Court dismissed the applications due to the gravity of the alleged offences involving armed robbery and assault.

What did the court decide?

Applications for regular bail under Section 439 CrPC rejected; applicants remain in judicial custody.

Dhansay Chauhan Vs State of Chhattisgarh — Narcotics (NDPS) | Chhattisgarh HC (2020)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1567 of 2020

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Dhansay Chauhan, S/o Shobharam Chauhan, Aged about 33 years, R/o Arand, PS Pithaura, Tahsil Pithaura, District Mahasamund (C.G.)

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---- Applicant Versus

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State of Chhattisgarh, Through : Police Station- Sankara, District Mahasamund (C.G.)

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---- Respondent

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with

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MCRC No. 1752 of 2020

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• Karan Kumar, S/o Shri Lal Dhruv, Aged about 31 years, R/o village Ward No. 11, Chuiha, District Balodabazar-Bhatapara (C.G.)

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---- Applicant Versus

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State of Chhattisgarh, Through : Police Station- Sankara, District Mahasamund (C.G.)

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---- Respondent

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For Applicant	: Ms. Laxmeen Kashyap, Advocate in MCRC No. 1567/202
For Applicant	: Mr. Raghvendra Pradhan, Advocate in MCRC No. 1752/2020
For Respondent/State	: Ms. Sunita Jain, G.A.

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Hon'ble Smt. Justice Rajani Dubey Order on Board

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11/08/2020

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The accused/applicant Dhansay Chauhan has moved his second bail application in MCRC No. 1567/2020 whereas applicant Karan Kumar has filed first bail application in MCRC No. 1752/2020 under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 131/2019 registered at Police Station Sankara, District Mahasamund (C.G.) for the offence punishable under

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Sections 341 and 397 of IPC and under Sections 25 and 27 of the Arms Act.

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The prosecution story, in brief is that, on 08.07.2019 applicants stopped the Development OfÏcer of Annapurna Finance Private Limited and looted Rs. 85,350/- by pouring petrol over him and showing country made pistol.

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Learned counsel for the applicants submits that the applicants are innocent and has been falsely implicated in the crime in question. He further submits that the star witnesses have been examined and they do not support the case of the prosecution. The applicants are in jail since 16.07.2019 and 13.07.2019 respectively, there is no likelihood of their case being decided in near future, therefore, the present appellants may be released on bail.

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On the other hand, counsel for the State opposes the bail application submitting that the applicants did a very heinous crime, therefore, no case is made out to release the applicants on bail.

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I have heard learned counsel for the parties and perused the case diary.

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Considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release them on bail.

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Accordingly, their applications filed under Section 439 of the Code of Criminal Procedure is rejected.

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Sd/(Rajani Dubey) Judge

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Vasant

Dhansay Chauhan v. State of Chhattisgarh

Case brief

What is this about?

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Dhansay Chauhan v. State of Chhattisgarh

Case brief

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