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Judgment
Narendra Kumar Vyas, J
The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he is in
jail since 21.08.2020 in connection with Crime No. 372/2020 registered at Police Station Dongargarh, District: Rajnandgaon (C.G.) for the offence
punishable under Sections 307, 332, 186,34 of IPC.
Case of the prosecution, in brief is that on 20.08.2020 Sub- inspector B.R. Bisen along with Gourav Shende constable No. 960 and Ravindra Netam
constable No. 1631 were patrolling by government vehicle No. C.G.03/6589 in the area of Dongargarh at mid night. At about 2.30 am three boys on
one motor-cycle were going towards Tumdibod and when police inquired, the boys abused the police and also manhandled them. One of the boys
attacked constable Ravindra Netam by knife and caused grievous hurt on left hand and ribs. Thereafter, the present applicant Abhishek Mahar taking
advantage of dark at mid night, left the place of occurrence whereas coaccused Sahmuddin @ Raja and Shekh Sameer were arrested at the place of
incident. The investigation has been conducted and offence under Sections 307, 332, 186 and 34 of IPC has been registered against the applicant and
two other coaccused.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case, he has not been identified in the Test
Identification Parade, the injuries sustained by the constable are simple in nature and thus, prayed that he may be released on bail.
Learned counsel for the applicant further submits that coaccused Sahmuddin @ Raja and Shekh Sameer have already been granted bail on
08.03.2021 by the coordinate Bench of this Court in MCRC No. 694 of 2021, in view of that he has prayed for parity.
On the other hand, learned counsel for the State opposes the bail application.
I have heard learned counsel for the parties and perused the case diary.
Considering the facts and circumstances of the case, perusal of the case diary and from the materials in the diary that there is clear cut evidence
against the present applicant that he has assaulted the constable Ravindra Netam with knife and caused severe hurt on his left hand as well as left
ribs. Considering the fact that the applicant has assaulted the police constable while on duty, I am not inclined to release the applicant on bail.
Thus, the bail application filed by the present applicant is liable to be dismissed and accordingly dismissed.