OMKAR NISHAD @ AKASH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) This is an 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.110/2018 registered at Police Station Ghumka, District Rajnandgaon, Chhattisgarh for the offence punishable under Section 302 of the IPC.

(3.) As per the prosecution case, 10-12 friends had their dinner at a restaurant and while they were returning, there was some dispute between the applicant and deceased Basant Thakur, after which, the deceased threw and damaged the mobile phone of the applicant. One of the friends namely Ankit John moved away from the place saying that despite being friends, they are fighting with each other. Thereafter, the applicant started demanding Rs.10,000/- towards the price of the mobile from the deceased and further altercation took place, where-after, the applicant inflicted stab wounds on the person of the deceased. In all, the deceased received 20 injuries, out of which, 17 injuries are abrasions. There are two eye-witnesses namely Mayank and Raghunath Jogi, who have seen the occurrence.