Dismissed

Harish Kumar Ghritlahre v. State of Chhattisgarh

Chhattisgarh HC17 Mar 2024MCRC/363/2024

Case brief

AI extract

What is this about?

Second regular bail application under Section 439 CrPC by an accused arrested for murder under Sections 302 and 34 IPC arising from a fatal assault. Considering the gravity of the offence and the role attributed to the applicant despite witnesses not fully supporting prosecution, the High Court declined bail and dismissed the application.

What the court decided

AI extract

Harish Kumar Ghritlahre Vs State of… — Murder and Culpable Homicide | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 363 of 2024

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Harish Kumar Ghritlahre S/o Shivdayal Ghritlahre, Aged About 25 Years R/o Gandhi Nagar, Behind Sai Mandir, Ward No. 15, Police Station - Vaishali Nagar, District Durg (C.G.)

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---- Petitioner

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Versus

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State Of Chhattisgarh Through - District Magistrate, Durg, Tahsil and District Durg (C.G.)

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---- Respondent

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For Applicant Mr. Pushpendra Kumar Patel, Advocate For Respondent/State Ms. Pragya Shrivastava, Dy. GA

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SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board

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18/3/2024

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Heard.

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This is the second 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.212/2022 registered at Police Station Vaishali Nagar, District Durg (CG) for the offence punishable under Sections 302, 34 of the IPC.

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The first bail application of the applicant was dismissed as withdrawn vide order dated 6.7.2023 passed in MCRC No.3968 of 2023, with liberty to file afresh after examination of material witnesses.

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Prosecution case, in brief, is that complainant Abdul Rajja Qureshi lodged an FIR to the effect that on the date of the incident i.e. 20.9.2022, at night, his brother Abdul Gyasu @ Baba Qureshi (deceased) along with his friends (accused) had gone to have dinner

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at Pranay Bhawan in the Maruti Omni Car of accused - Ajju Bhadoria. On the way, the vehicle broke down, on which, the accused persons asked the deceased to push the vehicle but he denied. On account of such denial by the deceased, he was assaulted with knife by co-accused Aijju and with brick by Harish (present applicant), co-accused Bhupesh and Samir and with hands & fists by co-accused Pankaj and Bijju@ Brijesh, as a result of which, the deceased succumbed to the injuries sustained by him. Hence, the aforesaid offence has been registered.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. The applicant in jail since 21.9.2022. He submits that there is no eye witness to the incident and some of the witnesses have been examined and they have not supported the case of the prosecution. Considering all these aspects, the applicant may be enlarged on bail.

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On the other hand, learned counsel for the State opposes the bail application. He submits that CCTV footage has been seized from the spot with regard to the alleged incident.

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Having considered the submissions of learned counsel for the parties, the nature of allegations as also considering the gravity of offence and the role attributed to the applicant, this Court is not inclined to release the applicant on bail.

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Accordingly, the bail application is dismissed.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Shyna

Harish Kumar Ghritlahre v. State of Chhattisgarh

Case brief

What is this about?

What the court decided

Harish Kumar Ghritlahre v. State of Chhattisgarh

Case brief

What is this about?

What the court decided

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