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High Court Of ChhattisgarhMCRC/1015/2020rejected

Mukesh Satnami v. State Of Chhattisgarh

2020-08-11Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 1015 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1015 of 2020 • Mukesh Satnami S/o Govind Satnami Aged About 23 Years R/o Sakin, Village Bandora Chowki Bazar, Charbhata, Police Station Kawardha, District Kabirdham Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Police Station Kawardha, District Kabirdham Chhattisgarh.

---- Respondent For Applicant :- Ms. Khushboo Dua, Advocate For Respondent-State :- Mr. K.K. Singh, G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/08/2020

1. Heard.

2. The applicant has preferred this application filed under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.4072019 registered in Police Station Kawardha for the offence punishable under Sections 302 and 34 of the I.P.C.

3. Case of the prosecution, in brief, is that applicant and coaccused Kartik Satnami have committed murder of

MCRC No. 1015 of 2020 deceased - Ramesh Dhurve at about 8:30 p.m. on 09.09.2019. The incident has been witnessed by villagers Pradeep @ Chotu, Ghanshyam, Kamlesh, Purshottam and Bheem Nishad.

4. It is argued that the applicant is in jail since 10.09.2019 and trial has not yet started, therefore, he is entitled to be released on bail.

5. Learned counsel for the State would oppose the bail application.

6. Considering the fact that there are atleast five eye-witnesses who have witnessed the incident, this is not a fit case to release the applicant on bail merely because trial could not start due to COVID-19 pandemic situation.

7. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is rejected.

8. The applicant would be at liberty to move afresh after examination of the eye-witnesses.

SD/- (Prashant Kumar Mishra) Judge Ayushi