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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 330 of 2022

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Aghan Singh Vaidya S/o Jaithuram Vaidya Aged About 65

Years R/o Village Shahkatta, Thana Tahsil Bhanupratappur,

District- Baster Kanker, Chhattisgarh.

---- Applicant

Versus

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The State Of Chhattisgarh Through Police Station

Bhanupratappur, District- Uttar Bastar, Kanker, Chhattisgarh.

---- Respondent

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For Applicant

: Shri Parag Kotecha and Smt. Bhavika

Kotecha, Advocates

For Respondent/State

: Shri Susheel Sahu, Panel Lawyer

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Hon'ble Shri Justice

N.K. Chandravanshi

Order On Board

28.3.2022.

1.

This is first bail application filed under Section 439 of the

Cr.P.C. for grant of regular bail to the applicant, who has been

arrested on 30.11.2020 in connection with Crime No.211/2020

registered at Police Station Bhanupratappur Distt. Uttar Baster Kanker

(C.G.), for the offence punishable under Sections 294, 506, 323 & 302

of the Indian Penal Code.

2.

Prosecution story, in brief, is that deceased Poonam Singh was

son of the applicant and on 14.11.2020 at about 7.00 pm the applicant

was preparing non-veg at his house and at that time, his son Poonam

Singh came there and raised his objection saying that on the day of

festival also they are preparing meat and consuming liquor. On hearing

this, the applicant abused and assaulted Poonam Singh by means of

wooden stick. Due to the assault, Poonam Singh sustained injuries on

his head and fell down. He was taken to Community Health Centre,

Bhanupratappur, where he was succumbed to the injuries. Based on

above facts, FIR was lodged under Section 294, 506 & 323 of the

Indian Penal Code against the applicant. After the death of Poonam

Singh, Section 302 IPC was also added and after investigation, charge

sheet under Sections 294, 323, 506 & 302 of IPC has been filed

against the applicant.

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3.

Learned counsel for the applicant submits that the applicant is

innocent, he has not committed the alleged murder of his son and the

injury was not caused by any deadly weapon. The alleged wooden

stick has been seized after 15 days of the incident. There is no

eyewitness in this case, the applicant is in custody since long, charge

sheet has already been filed, hence he may be released on bail.

4.

On the other hand, learned counsel for the State while objecting

the bail application submits that at the time of the incident, complainant

Preetam Singh, another son of the applicant and Smt. Umeshwari,

daughter-in-law of the applicant were present in the house and they

have seen the quarrel between the applicant and the deceased. The

complainant has also seen that the applicant was having wooden stick

at the spot, hence, considering the grievousness of the crime, the

applicant is not entitled to be released on bail.

5.

Considered the submission of learned counsel for the parties,

perused the case diary and the material available on record.

6.

Considering the facts and circumstances of the case, nature

and gravity of offence, particularly considering the evidence of the

witnesses who were present in the house at the time of the incident, I

do not feel inclined to grant bail to the applicant. Therefore, the

application filed under Section 439 of the CrPC is rejected.

Certified copy as per rules.

Sd/-

(N.K. Chandravanshi)

JUDGE

Bini