Tarkeshwar vs State of C.G.

Prashant Kumar Mishra, J.—The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 128/2012 registered in Police Station-Anda, District - Durg (C.G.) for offence punishable u/s 307/34 of I.P.C. During dramatic presentation of Ramlila wherein the victory ceremony of Lord Ram was performed at a particular place a dispute arose amongst two groups of village in which the applicant allegedly fired and caused gun shot injury to injured Diwakar Dilliwar causing serious injury on his urinary bladder.

Learned counsel for the applicant would submit that there was accidental fire from the 12 bore gun in possession of the applicant and he is not responsible for causing injury to the injured. He would further submit that because of groupism in the village the applicant has been falsely implicated.

Learned State counsel as well as learned counsel for the objector would oppose the prayer for grant of bail. Learned counsel for the objector would submit that on the date when applicant was arrested he tried to escape from the custody for which a separate F.I.R. has been lodged against him by the concerned Constable. He would also submit that the applicant is still under treatment and has not yet fully recovered.

Considering the nature of allegation and the injury, this Court is not inclined to release the applicant on bail at this stage.

Accordingly, prayer for grant of bail is dismissed. Applicant would be at liberty to revive his prayer for grant of bail before this Court after examination of the injured.