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2025 DAILYLAW 17454 (CHH)

SHUBHAM RAJAK ALIAS SUNNY RAJAK v. STATE OF CHHATTISGARH

MCRC/2829/2025 · 2025-04-29

Shri Ravindra Kumar Agrawal

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2829 of 2025 1 - Shubham Rajak Alias Sunny Rajak S/o Chetan Rajak Aged About 23 Years R/o Kundra Para, Ward No. 54, Police Station- Padmanabhpur, District Durg, Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station- Pulgaon, District Durg, Chhattisgarh. ... Respondent(s) For Applicant : Shri Tarun Dansena, Advocate. For Respondent : Ms. Sunita Manikpuri, Dy. Govt. Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 29.04.2025 1. This is first bail application seeking grant of bail to the Applicant who is in jail since 09.05.2024 in connection with Crime No.234/2024 registered at Police Station Pulgaon, District Durg for the offence punishable under Sections 302 IPC and 25 & 27 of Arms Act. 2. As per prosecution case, on 08.05.2024 at about 9:15 PM when the deceased Pramod Sahu went in liquor shop at village Potiya to purchase liquor along with his other companion Raman Sahu, Kuldeep and Sukhnandan Janardan, who stayed outside of the liquor shop, and when the deceased went to purchase liquor in the counter, immediately thereafter the deceased Pramod Sahu started shouting that he is being assaulted by the applicant and informed his companion about the same. His companion/witnesses seen injuries on his neck and also saw the applicant running from the place of occurrence having knife in Digitally signed by INDRAJEET SAHU Date: 2025.04.29 18:23:03 +0530 2 his hand. The deceased was immediately taken to the hospital but succumbed to the injuries during treatment. The applicant was arrested. Knife was seized from him and charge sheet was filed. 3. Learned Counsel for the applicant would submit that there was crowd in the liquor shop and no one have seen the actual assailant. It is not possible in such a huge crowd to assault anyone. The witnesses have not seen the actual assailant and only on suspicion they made allegation against the applicant. Therefore, the applicant may be released on bail as final adjudication may take sometime. 4. On the other hand the counsel for the State opposes the bail application and have submitted that three witnesses Raman Sahu, Kuldeep Sahu and Sukhnandan Janardan were present with the deceased in the liquor shop. After receiving injury on his neck, the deceased informed them that he is being assaulted by the applicant by knife and they have also seen the applicant running from the place having knife in his hand and knife was also seized from him and therefore he is not entitled for bail. 5. Without commenting on merits, considering the submissions made by the counsel for the parties, considering the nature of allegation, the evidence and statement of witnesses Raman Sahu, Kuldeep Sahu and Sukhnandan and further the fact that knife was seized from the applicant, this Court is of the opinion that present is not a fit case where the Applicant can be enlarged on bail. 6. Accordingly, the application for grant of bail is rejected. Sd/- (Ravindra Kumar Agrawal) Judge inder