SUNIL KUMAR THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard. Anticipating arrest in connection with Crime No. 121/2001 registered at P. S. Saraswati Nagar, Distt. Raipur for the offences punishable under Sections 147, 148, 149, 204, 452, 427, 307 and 302, the present applicant has filed this petition under S. 438, Cr. P. C.

(2.) It is a case where on 6-6-2001 at about 9.40 p.m. about 35 persons armed with deadly weapons as emerged from the order of Sessions Judge, Raipur, had assembled near the house of the deceased Ravi Shukla. They attacked the house of Ravi Shukla who at the relevant time was celebrating his birthday along with his kith and kin. In the incident Deepak Jagwani and Nandlal Patel also suffered injuries. The vehicle belonging to the friend of deceased Ravi Shukla was also badly damaged and the house of Ravi Shukla was ransacked and the house- hold items kept there were damaged. The learned Sessions Judge on 26-9-2001 rejected the anticipatory application. The present application has been filed after about 7 months. The applicant is named in the FIR and his participation is alleged. It is also alleged that he has beaten Ravi Shukla, deceased and used knife during the incident.

(3.) It is stated by the counsel that the applicant is falsely implicated. It has also been mentioned in ground (i) of the application for bail that the applicant is a practising Advocate at the District Bar Association, Raipur and to this effect he filed copy of Certificate issued by the State Bar Council of M. P. Applicant has also filed his affidavit in support of his application. Copy of Roznamcha Sanha is also filed. The accused who is said to be an Advocate has filed copy of his sanad in this case on the roll of State Bar Council.