Chhattisgarh High Court dismissed the first bail application in a miscellaneous criminal case of serious nature.

 HIGH COURT OF CHHATTISGARH BILASPUR MCRC No. 16021 • Chaman NamdevS o Shri Rajesh Namdev Aged About 23 Years R o Chantidih Near Sai Mandir Police Station Sarkanda District Bilaspur Chhattisgarh Applicant • State Of Chhattisgarh Through Station House Officer Police Station Sarkanda District Bilaspur Chhattisgarh MCRC No. 21221 Respondent • Shahrookh Ali @ Sharo Ali S o Shri Sher Khan Aged About 25 Years R o Mela Para Irani Mohalla Chantidih P.S. Sarkanda Tahsil And District Bilaspur • State Of Chhattisgarh Through S.H.O. Sarkanda District Bilaspur Chhattisgarh. District : Bilaspur Chhattisgarh MCRC No. 36221 Iqbal Ali S o Sarwar Ali Aged About 28 Years R o Mela Para Irani Mohalla Chantidih Police Station Sarkanda Tahsil And District Bilaspur Chhattisgarh Applicant Respondent Applicant Respondent • State Of Chhattisgarh Through S H O Sarkanda District Bilaspur For Applicants Shri Dharmesh Shrivastava and Shri Dheerendra Pandey Advocates For Respondent State Shri Rahul Jha G.A Hon ble Shri Justice Goutam Bhaduri Order On Board 1. All the cases are decided by this common order since they are arising out of common incident and common crime number 2. These are first Bail Applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants in connection with Crime No. 994 2020 registered at Police Station Sarkanda District Bilaspur C.G. for the offence punishable under Sections 302 307 294 323 506 & 34 of IPC 3. As per the prosecution case on 26.10.2020 one Chaman Namdev @ Akta Darjiwala went to the residence of Hasnen Ali and they were quarrellings on some issue in the meanwhile Juber Ali who is the deceased tried to intervene at that time Chaman Namdev @ Akta Darjiwala called his brother in law namely Iqbal Ali along. Thereafter Iqbal Ali along with other co accused namely Shahrookh Ali @ Sharo Ali Siya Ali came and Iqbal Ali and Shahrookh Ali @ Sharo Ali assaulted the deceased with belt thereafter Siya Ali stabbed Juber Aliwith knife and eventually he died on 4. Learned counsel for the applicant Chaman Namdev @ Akta Darjiwala submits that he has no connection with the incident and one of his cousin is named as Akta Darjiwala therefore for no fault of the applicant and further he was not even present at the spot he has been arrested and it is further submitted that Jubar Aliwas initially admitted at CIMS and was discharged and shown as absconding and further was admitted in different hospital wherein it was stated that he fell down from the vehicle and sustained the injury therefore Chaman Namdev may be released on bail 5. Learned counsel for Shahrookh Ali and Iqbal Ali submits that injury was given by Siya Ali and the present applicants where not at all involved and it was a sudden fight therefore the applicants do not have any mens rea to commit the crime and for the simple reason that they were present at the crime scene they have been inculpated therefore they may be enlarged on 6. Per contra learned State counsel opposes the prayer for grant of bail and read out the statement of Raziya Begam. He further submits that apart from Raziya Bagam other eye witness were also present at the spot. He further reads out the 161 statement and submits that Chaman Namdev is named and there is no identity difference of Chaman Namdev and Akta Darjiwala and would submit that when the quarrel started at the instance of Chaman Namdev the other applicants Shahrookh Ali @ Shara Ali Iqbal Ali and Ziya Ali inflicted the injury 7. Considering the submission made and considering the 161 the statement and primarily the involvement of the applicants in commission of crime has been stated at this stage during consideration of bail it cannot be stated that all of a sudden the incident was occurred and stab injury was inflicted by Siya Ali. Considering the over all role played by the applicants it is a matter of evidence during the trial to evaluate the role played by the applicants individually or jointly therefore I am not inclined to grant bail to 8. Accordingly the bail applications are dismissed Sd Goutam Bhaduri Judge

Summary: There is the bail application in the case of Chaman Namdev Vs. State of Chhattisgarh [MCRC No. 1609 of 2021] which was decided in the High Court of Chhattisgarh on 6th August 2021 by Hon’ble Shri Justice Goutam Bhaduri. The application was first applied in the above-mentioned case under section 439 of Code of Criminal Procedure for grant of regular bail where the applicant named Chaman Namdev was in connection with Crime No. 994/2020 registered at Police Station, Sarkanda District. This judgment was passed for three applications collectively from which one of the applications is blogged here. The applicants were accused under sections 302, 307, 294, 323, 506 &amp; 34 of IPC. The case in which the applicants were accused was a serious offense of criminal assault and murder done allegedly by the applicants and some of his mates. But the learned counsel of the applicant stated that the applicant has no connection with the crime so caused as he was not present at the time of occurrence. The learned counsel also stated that the medical report of the deceased says that he had been injured by falling from a vehicle. After considering all the facts and shreds of evidence, the Hon’ble judge decided not to grant bail, and the reason for which is stated in the concluding lines of his judgment. The judgment says – “Considering the overall role played by the applicants, it is a 4 matter of evidence during the trial to evaluate the role played by the applicants individually or jointly, therefore, I am not inclined to grant bail to the applicants.’’