VIJAY NIRMALKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has filed this first bail application under Sec. 483 of B.N.S.S. for grant of regular bail as he is in custody since 10/9/2022 in connection with Crime No. 415/2022 registered at police station Purani Bhilai, District Durg (CG) for the offence punishable under Ss. 302, 34 of IPC and Ss. 25 and 27 of the Arms Act.

(2.) Case of prosecution in brief is that on 10/9/2022 a fight erupted between two group of friends and due to the aforesaid fight Rajendra Bagh assaulted the deceased Ashok Soni with sharped object due to which he sustained injuries. It is submitted that later on Akash Soni succumbed to his injuries at the Hospital however, the other persons were also injured including the Applicant and other accused persons. It is pertinent to note here that on the basis of the aforesaid incident two FIRs bearing 415 of 2024 and 414 of 2024 were registered against the Applicant and other co-accused persons and the Complainant and deceased persons.

(3.) Learned counsel for the applicant submits that allegation against the applicant is with regard to assault on the injured by hands and fists. He further submits that there are total 5 eye witnesses projected in the charge-sheet and out of which 4 witnesses have been examined and they have not supported the case of the prosecution. He further submits that the other eye-witness namely Manjit Singh is not turning up despite of bailable warrant and non-bailable warrant being issued against him. He submits that even looking to his statement under Sec. 161 of CrPC, there is no allegation of any assault against the present applicant. He submits that the applicant is languishing in jail since 10/9/2022 and trial has not concluded as yet. Therefore, considering the aspect of the matter, the application may be allowed.