Allowed

Gabru @ Khameshwar Bharti v. State of Chhattisgarh

Chhattisgarh HC5 Dec 2023MCRC/6333/2023

Case brief

AI extract

What is this about?

In a bail application under Section 439 Cr.P.C., the High Court granted bail to an applicant accused of assault, grievous hurt, and attempted murder. The court, considering the medical report and nature of injuries, inclined to release the applicant on a personal bond.

What did the court decide?

The applicant was released on bail on furnishing a personal bond of Rs. 25,000 with one surety, along with document verification.

Gabru @ Khameshwar Bharti Vs State of Chhattisgarh — Dowry and Cruelty | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6333 of 2023

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Gabru @ Khameshwar Bharti S/o Mannulal Bharti Aged About 19 Years R/o Rawatpura Colony, Phase - 2, Raipur, Tahsil And District - Raipur (C.G.)

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Station House Officer, Police Station - Tikrapara, District - Raipur, (C.G.)

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---- Respondent

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--------------------------------------------------------------------------------------- For Applicant : Mr. Shivendu Pandya, Adv. For respondent/State : Mr. Ashutosh Mishra, PL. ----------------------------------------------------------------------------------------

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Hon'ble Shri Justice N aresh Kumar Chandravanshi Order on Board

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5-12-2023

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This is 2nd bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 7-12-2022 in connection with Crime No. 744/2022 registered at Police Station Tikrapara, Distt. Raipur (C.G.), for the offence punishable under Section 294, 323, 324, 307, 34 of the IPC and Section 25 and 27 of the Arms Act. His first bail application was dismissed by this Court vide order dated 6-52023 passed in MCRC No. 1989/2023.

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Allegation against the applicant is that on 5-12-2022, the applicant and other two juveniles abused the injured Priyansh Murty and assaulted him by knife. Based on above facts, FIR was lodged against the applicant and two juveniles.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in this case due to previous

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enmity. It is submitted that this is first crime registered against the applicant. He would further submit that charge sheet was filed on 13-2-2023, despite that, till date, only 8 witnesses have been examined out of 17 witnesses. It is also submitted that two juvenile accused persons have already been enlarged on bail. As per MLC report, the injuries sustained by the victim are not said to be on vital part of the body, therefore, the applicant may be enlarged on bail.

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On the contrary, learned State counsel opposes the application for grant of bail. He submits that the applicant has filed deposition of 7 witnesses including injured witness Priyansh Murty (P.W. 6) and he has supported the case of the prosecution. Therefore, the bail application is liable to be rejected.

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Heard learned counsel for the parties and perused the material available on record and on the case diary.

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Having heard learned counsel for the parties and having regard to the facts and circumstances of the case, detention period of the applicant who was arrested on 7-12-2022, considering the medical report of the injured/victim, according to which, the injury was caused to him on face, shoulder and arm, total 3 external injuries on the person of victim, and considering the totality of the facts of the case, I feel inclined to release the applicant on bail.

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Accordingly, the bail application is allowed and it is directed that the applicant shall be released on bail on his furnishing a

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personal bond in sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance. It is also directed that applicant and the surety shall submit a copy of their Adhaar card along with a coloured postcard full size photo having printed the Adhar card number on it, which shall be verified by the concerned trial Court.

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Certified copy as per rules.

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Sd/-

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(Naresh Kumar Chandravanshi) JUDGE

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Pathak/-

Gabru @ Khameshwar Bharti v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Gabru @ Khameshwar Bharti v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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