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2018 Supreme(Chh) 95

SHARAD KUMAR GUPTA
Rameshwar Nishad S/o Gariba Nishad – Appellant
Versus
State of Chhattisgarh through its Police Station Nandni Nagar – Respondent


Advocates Appeared:
For the Applicant : Shri B.L. Sahu.
For the Respondent: Smt. M. Asha.

ORDER :

1. This is second bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court. No other bail application is pending before any other Court.

2. Perused the Case Diary provided by the learned counsel for the State in connection with Crime No. 113/2017 registered at Police Station-Nandni Nagar, Civil and Revenue District Durg (C.G.) for the offence punishable under Section 307 of the Indian Penal Code.

3. Case of the prosecution, in brief is that on 02.05.2017 at 8 am at village Lahanga, applicant caused injuries on the body of the complainant Ajit Banjare on his neck and back by an axe. As per injury report, two lacerated wounds were found on neck and back caused by hard and blunt object. The injuries were grievous in nature.

4. In the query report, the doctor has written that if the injuries were not treated in time, the injured could have died due to excessive bleeding.

5. Learned counsel for the applicant argued that the doctor-Shushma Gond, PW-4 has been examined in the Trial Court as prosecution witness. In M.L.C. and query reports, the doctor has mentioned that the injuries could have been caused by hard and blunt object, there is no injury







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