Sagir Ansari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Reserved on 06-03-2019 Delivered on 07-03-2019 MCRC No. 695 of 2019 Sagir Ansari S/o Liyakat Ansari Aged About 35 Years R/o Khatin, P. S. Chhattarpur, District Palamu Jharkhand, District : Palamu, Jharkhand ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Pasta, District Balrampur-Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh ---- Non-applicant For applicant Shri N.K. Chatterjee and Shri Nasimuddin Ansari, Advocate For non-applicant Ms. Sangeeta Mishra, Govt. Adv. With Shri S.R.J. Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Sharad Kumar Gupta CAV ORDER 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2.

The applicant has been arrested in connection with Crime No 35/2018 registered in Police Station Pasta, Distt. BalrampurRamanujganj (CG) for offence punishable under Sections 302, 364-A, 201-B of the Indian Penal Code and Section 25 & 27 of Arms Act. 3.

Prosecution story in brief is that on 14/07/2018 the dead body of deceased Bhola Kumar Sao was found in area of Police Station Latehar and on very day the dead body of the deceased Sagufta Parveen was found in Kanda Forest, Police Station Pasta. Both dead bodies were found injured condition. Near the dead body of deceased Sagufta Parveen, one empty cartridge was seized. It is alleged that appellant and other co-accused hatched conspiracy to kill the deceased Bhola Kumar Sao and Sgufta Parveen and in-furtherance to the conspiracy they killed deceased Bhola Kumar Sao and Sgufta Parveen.

4.

Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5.

On the other hand, the State Counsel opposed the bail application.

6.

In the case in hand on the memorandum of applicant one Pistol No. 3011 was seized from Kanda Forest near the banyan tree. 7.

Looking to the facts and circumstances of the case, looking to the seizure of one pistol on instance of memorandum of applicant, looking to the seriousness of the alleged offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected.

Sd/- (Sharad Kumar Gupta) Judge Kamde