The High Court declined bail to an accused charged with attempted murder and offences under the Arms Act, holding that the gravity of the offence and injuries sustained by victims negated the case for release.
Application under Section 439 Cr.P.C. for bail is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2454 of 2023
Versus
--- Respondent
CAUSE TITLE TAKEN FROM CIS PERIPHERY
----------------------------------------------------------------------------------------------For Applicant : Mr. Shikhar Sharma, Adv. For Respondent/State : Mr. Adil Minhaj, GA. ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board
22.06.2023
This application under Section 439 Cr.P.C. for grant of bail has been filed by the accused/applicant who has been arrested in connection with Crime No.102/2022 registered at Police Station Singhoda, Mahasamund for the offence punishable under Section 307 of IPC and Sections 25 & 27 of the Arms Act.
2. Prosecution case in short, is that complainant lodged a report to the effect that injured Kiran Pandey had gone to attend the fair which was organized in his Village Kalenda between 12.11.2022 to 16.11.2022. In the said fair, the accused/applicant was also wandering and making video by shouting in the public therefore, the injured objected to the act the applicant. However, the applicant got angry due to said objection and caused knife injury in the back of victim Kiran Pandey and also caused knife injury in the stomach of Vedprakash and ran away from the spot.
3 . Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the crime in question. He also
submits that some persons were organizing gamble in the said fair therefore, the applicant was capturing their photographs to send the same to Superintendent of Police therefore, they have looted their mobile and also attacked to the applicant and caused various injuries him, for which the applicant made a complaint against one Arjun and Shyam. He also submits that applicant is behind the bar since 16.11.2022 and conclusion of the trial is likely to take some more time therefore, he may be enlarged on bail.
3. On the other hand, learned State counsel strongly opposes the bail application.
4. Having considered the submissions of learned counsel for the parties and considering the facts and circumstances of the case, further considering the gravity of offence and injuries caused to the victims, I do not find present to be a good case for grant of bail.
Sd/-
(Deepak Kumar Tiwari) Judge
Ajay
1 issue framed by the court
Whether bail is grantable considering the gravity of offences under Section 307 IPC and Arms Act and injuries caused to victims.
3 provisions across 3 enactments
Lalit Matari @ Jeetu Matari
State Of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
