High Court Of ChhattisgarhMCRC/1316/2021rejected

Pawan Kumar Jaiswal And Another v. State Of Chhattisgarh

2021-07-09Hon'Ble The Acting Chief Justice2 pages

MCRC No. 1316 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1316 of 2021

1. Pawan Kumar Jaiswal Son Of Shri Ram Bhagat Jaiswal Aged About 37 Years

2. Vikas Jaiswal Son Of Shri Pawan Kumar Jaiswal Aged About 19 Years Both R/o. Village Nawagaon, Salka, Police Station Kota, District Bilaspur (Chhattisgarh) ---- Applicants

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Kota, District Bilaspur (Chhattisgarh) ---- Respondent For Applicants :- Ms. Sareena Khan, Advocate For Respondent-State :- Mr. Sudeep Agrawal, Dy.A.G.

For Objector :- Ms. Rajani Soren, Advocate Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 09/07/2021

1. The applicants have preferred this second bail application under Section 439 of the Cr.P.C. for grant of regular bail as they are arrested in connection with crime No.595/2019 registered in Police Station Kota, District Bilaspur C.G. for the offence punishable under Sections 302, 201, 34 of the

MCRC No. 1316 of 2021 I.P.C.

2. The first bail application of the applicants was dismissed as withdrawn with liberty to revive the prayer after examination of material witnesses including eye witness - Dewari Lal Yadav.

3. The present applicants have committed murder of Bhagwan Jaiswal (since deceased) and in order to conceal the evidence of crime threw the dead body on the railway track.

4. The earlier bail application was dismissed as withdrawn with liberty to revive the prayer after examination of material witnesses including eye witness - Dewari Lal Yadav. The eye witness has allegedly been murdered by the father of the applicant for which a separate crime has been registered.

5. Learned State counsel would oppose the prayer for grant of bail.

6. Considering the entire fact situation of the case, I am not inclined to release the applicants on bail.

7. Accordingly, the second bail application is rejected. SD/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi