Heerasai Sao @ P. W. Sao v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1300 OF 2016 Heerasai Sao @ P.W. Sao S/o Aamalal Sao, aged about 50 years R/o Ward No. 14, Kudumkela, Police Station Gharghoda, District Raigarh (C.G.) ---Applicant

Versus

State of Chhattisgarh, through Station House Officer, Police Station Gharghoda, District Raigarh (C.G.) ---Non-applicant For Applicant :

Mr. Ashish Gupta, Advocate For-Non-applicant :

Mr. O.P. Sahu, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 15/03/2016 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 applicant who has been arrested in connection with Crime No. 305/2014, registered at Police Station Gharghoda, District Raigarh (C.G.), for the offence punishable under Sections 302, 201, 498, 343, 376D of

I.P.C.

2.

Case of the prosecution, in brief, is that, applicant and other co-accused persons gang raped Ms. Mangmati and thereafter murdered her 3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in the case. He would further submit that applicant is in jail since 22/08/2014 and no useful purpose would be served by keeping him in jail. He would lastly submit that charge sheet has been filed, therefore, he may be released on 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 and circumstances of the case; further taking into consideration the nature and gravity of offence; the manner in which deceased is subjected to gang rape and

subsequently she was murdered, this Court is not inclined to release the applicant 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 Tiwari