Tikeshwar Mahkul v. State Of Chhattisgah

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1410 of 2018 Tikeshwar Mahkul S/o Kanhaiya Mahkul Aged About 24 Years R/oVillage-Libra, Police Station And Tahsil- Lailunga, District- Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh ---- Petitioner

Versus

State Of Chhattisgah Through- Station House Officer, Police StationLailunga District- Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh ---- Respondent ------------------------------------------------------------------------------------------- For Applicant : Mr. Ajeet Kumar Yadav , Advocate.

For State : Mr. Chandresh Shrivastava, PL ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 20/04/2018 1.

The applicant has been arrested in connection with Crime No. 59/2017 registered at Police Station - Lailunga, District-Raigarh (CG) for alleged commission of offences under Section 302, 201/34 of IPC and Section 3(2)(v) of Scheduled Caste & Scheduled Tribe ( Prevention of Atrocities) Act.

2.

Case of the prosecution is that the applicant murdered one Lalima Bhagat and her body was buried.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated. There is not direct evidence and the prosecution has comeout on certain circumstantial evidence which are not prima facie made out. He further submits that investigation is complete and charge sheet has been filed. Therefore, at this stage, he may be granted bail.

4.

On the other hand, learned counsel for the State opposes bail application and submits that applicant has been involved in the alleged commission of offence, his memorandum was taken and on his memorandum dead body was recovered as also the weapon alleged to be used in commision of offence, clothes have also been seized, therefore, his application may be rejected.

5.

Having considered both the parties and nature of allegations, material collected and circumstance of recovery of dead body, no case for grant of bail is made out. Accordingly, the bail application is rejected. Sd/- (Manindra Mohan Shrivastava) Judge Rohit