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High Court Of ChhattisgarhMCRC/852/2016dismissed

Nishant Lalpure And ANR. v. State Of Chhattisgarh

2016-03-01Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 852 OF 2016

1. Nishant Lalpure S/o Late Nirmal Lalpure Aged about 24 years,

2. Mamta Lalpure, Wd/o Late Nirmal Lalpure Aged about - 50 years, Both R/o Swastik Colony Torwa, Police Station-Torwa, Civil & Revenue District-Bilaspur (CG) ---Applicants

Versus

State of Chhattisgarh Acting Through Officer-in-Charge, Police Station Sirgitti, Civil & Revenue District-Bilaspur (CG) ---Non-applicant For Applicants :

Mr. Kripesh G. Kela, Advocate.

For-Non-applicant :

Mr. D.R.Minz, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 01/03/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 305/2014, registered at Police Station-Sirgitti, District-Bilaspur (C.G.), for the offence punishable under Sections 302, 201/34 and 120B of the IPC.

2.

Case of the prosecution, in brief, is that, the applicants, who are son and wife of deceased Nirmal Lalpure, have committed murder of Nirmal Lalpure (since deceased) after criminal conspiracy.

3.

Learned counsel for the applicants would submit that applicants have not committed any offence and they have been falsely implicated in crime in question. He would further submit that the applicants are in jail since 1.12.2015 and charge-sheet has already been filed and therefore, they may be released on regular bail. 4.

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

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts & circumstances of the case; further taking into consideration the nature & gravity of the offence; role of the present applicants and recovery of iron rod, this Court is not inclined to release the applicants on regular bail. 7.

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

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE B/-