Manchit Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.1176 of 2018 Manchit Kashyap, S/o Singram, aged about 25 years, R/o Mungapadar, Dongripara, Police Station Kondagaon, District Kondagaon, Chhattisgarh ---- Applicant versus State of Chhattisgarh through Station House Officer, Police of Police Station Kondagaon, District Kondagaon, Chhattisgarh ---- Respondent For Applicant : Shri Goutam Khetrapal and Shri Avinash Chand Sahu, Advocates For Respondent/State : Shri Sameer Behar, Panel Lawyer Hon'ble Shri Justice Arvind Singh Chandel Order on Board 12.4.2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the Applicant who has been arrested in connection with Crime No.195 of 2017 registered at Police Station Kondagaon, District Kondagaon for offence punishable under Sections 302, 109, 34 of the Indian Penal Code.

2.

Case of the prosecution, in brief, is that on 2.9.2017, in the morning, Fohdu Ram Kashyap (deceased) had gone to Village Mardapal Bazar. Thereafter, his dead body was found between Villages Balasar and Khachgaon. The matter was reported to the police. It was found that the present Applicant and other coaccused had committed murder of the deceased. 3.

Learned Counsel appearing for the Applicant submits that there is nothing on record on the basis of which the Applicant could be connected with the crime in question. Only one motorcycle has

been seized from possession of the Applicant, but there is no evidence on record regarding involvement of the said motorcycle in the crime in question. The Applicant has been falsely implicated in the case. He is in custody since 30.11.2017. He may be released on bail.

4.

Learned Counsel appearing for the State submits that only this much evidence, as stated above by Learned Counsel for the Applicant, is available on record.

5.

I have heard Learned Counsel appearing for the parties and perused the entire case diary with due care.

6.

Having considered the facts and circumstances of the case and the arguments advanced, I am inclined to enlarge the Applicant on bail. Accordingly, the bail application is allowed. 7.

It is directed that the Applicant shall be released on bail on furnishing a personal bond in the sum of Rs.20,000/- with one solvent surety of the like sum to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) JUDGE Gopal