MANISH RATHOD Vs. STATE OF C.G.

JUDGEMENT

(1.) This is the second bail application under Section 439 Cr.P.C. for grant of bail to the applicant who has been arrested on 22.04.2014 in connection with Crime No. 28/2014 registered at Police Station - Narayanpur, District -Narayanpur, for the offence punishable under Sections 307 r/w section 34 of IPC. The earlier bail application of the applicant was dismissed as withdrawn on 14.08.2014 in M.Cr.C. No. 4056/2014 with the liberty to revive the same after two months. Counsel for the applicant submits that the applicant has now sought for grant of bail on the ground that the applicant has already remained in jail for the period of 6 months and that in all there are seven accused persons in the instant case. She further submits that from the plain reading of the contents of the case dairy it is difficult to reach to the conclusion that the injuries sustained by the injured Amit Bhadra was on account of the blow given by the present applicant or was by the other accused persons.

(2.) Counsel for the State opposes the bail application on the ground that the statement of the injured Amit Bhadra itself shows that the present applicant alongwith other accused persons had reached the spot with sole intention to assault the complainant and they had assaulted in public and there are other witness who have also seen that the applicant had assaulted the injured Amit Bhadra.

(3.) Considering the rival contentions put forth by the counsel for the parties and on perusal of the case dairy the statement of the injured witness itself shows that the injured Amit Bhadra was attacked by the group of 7 persons which allegedly included the present applicant and also from the statement it is difficult to ascertain as to whether the injury caused to the injured was only on account of assault made by the present applicant.