Dismissed¶¶22

Gagan Sona v. State of Chhattisgarh

Chhattisgarh HC19 Feb 2024MCRC/934/2024

Case brief

AI extract

What is this about?

MCRC No. 934 of 2024, Gagan Sona v. State of Chhattisgarh (High Court of Chhattisgarh, Bilaspur, Parth Prateem Sahu, J., 20/02/2024). First bail application under Section 439 CrPC; offences: Sections 294, 323, 327, 506 IPC and Sections 25 & 27 Arms Act (Crime No. 421 of 2023, PS Azad Chowk, Raipur). Alleged sharp edged weapon assault on complainant Shailendra Kumar and brother Devendra after refusal of Rs. 300/- demand; two injuries each; Devendra hospitalised in AIMS ~10 days; applicant in custody since 14.12.2023; one criminal antecedent under Arms Act. Held: not a fit case for bail; application dismissed.

What did the court decide?

None; regular bail refused ¶¶22

Gagan Sona Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2024)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

MCRC No. 934 of 2024

¶5

Gagan Sona S/o Shivcharan Sona Aged About 20 Years R/o Behind Vandana Bajaj Ramkund, P.S. Azad Chowk, District : Raipur, Chhattisgarh

¶6

---- Applicant

¶7

Versus

¶8

State Of Chhattisgarh Through Station House Officer, Police Station Azad Chowk, Raipur, District : Raipur, Chhattisgarh.

¶9

---- Non-Applicant

¶10

For Applicant : Mr. Banhiman Roy, Advocate For State : Mr. Neeraj Sharma, Dy. Advocate General

¶11

Hon'ble Shri Justice Parth Prateem Sahu

¶12

Order On Board

¶13

20/02/2024

¶14

Applicant has filed this first bail application under Section 439 of CrPC for grant of regular bail as he was arrested in connection with Crime No. 421 of 2023 registered at Police Station Azad Chowk, District – Raipur (C.G.) for offence punishable under Section 294, 323, 327, 506 of I.P.C. & Section 25 & 27 of Arms Act.

¶15

Case of the prosecution is that, on 14.12.2023 at about 10:20 pm, complainant Shailendra Kumar was in his house, at that time, applicant came there and demanded Rs. 300/- from him for consuming liquor, when Shailendra Kumar refuse to give the amount demanded by him, at that time, applicant assaulted him by means of sharp edged weapon and when his brother Devendra came there to intervene, he was also assaulted by means of sharp edged weapon upon which both the injured

¶16

¶17

persons suffered two injuries each on their person. The incident was reported to the concerned Police Station, based upon which aforementioned crime was registered against applicant and he was arrested on 14.12.2023.

¶18

Learned counsel for applicant submits that applicant is innocent and has not committed any offence as alleged. During quarrel, injured persons might have suffered injuries. Applicant is in jail since 14.12.2023, hence he may be enlarge on regular bail.

¶19

Learned State counsel opposes the submission made by learned counsel for applicant and submits that applicant has assaulted both the injured persons by means of sharp edged weapon and both of them suffered two injuries each one over the back and other over the stomach and chest. Devendra was hospitalized in AIMS for about 10 days. He also pointed out one criminal antecedent against applicant under the Arms Act.

¶20

I have heard learned counsel for the parties.

¶21

Taking into consideration nature of allegation, manner in which the offence is committed, applicant has caused two wounds each over the two injured persons, I do not find present to be a fit case to enlarge applicant on bail.

¶22

Accordingly, the bail application is dismissed.

¶23

Sd/(Parth Prateem Sahu)

¶24

Judge

¶25

Shayna

Gagan Sona v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Gagan Sona v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Xyz Vs State of Chhattisgarh

Hassu @ Hasan Khan Vs State of Chhattisgarh

Rakhi Shrivas Vs the State of Chhattisgarh

Raja Kumar Bansod Vs State of Chhattisgarh

Sanju Kujur Vs State of Chhattisgarh

Alok Ranjan Sundi Vs State of Chhattisgarh