High Court Of ChhattisgarhMCRC/1377/2016rejected

Chhotelal And ANR. v. State Of Chhattisgarh

2016-03-28Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.1377 of 2016

1. Chhotelal, S/o Mannulal Bareth, aged about 28 years,

2. Rameshwar @ Butu, S/o Shatruhan Banjare, aged about 36 years, Both R/o Village Kapan, Police Station Janjgir, District JanjgirChampa (C.G.) ---- Applicants

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Akaltara, District Janjgir-Champa (C.G.) ---- Non-applicant For Applicants:

Mr. Gurudev I. Sharan, Advocate.

For Non-applicant:

Mr. D.R. Minj, Deputy Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 28/03/2016

1. The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing them on regular bail during trial in connection with Crime No.338/2015, registered at Police Station Akaltara, Distt. JanjgirChampa, for the offence punishable under Sections 302 and 201 of the IPC.

2. Case of the prosecution, in brief, is that the applicants murdered Suresh Pradhan @ Mithun on 13-11-2015 by making assault with lathi and thereby committed the offence.

3. Learned counsel for the applicants would submit that the applicants have not committed any offence and they have been falsely implicated in the case. There is no evidence to connect the applicants with the crime in question as there is only memorandum

statements of the present applicants on the basis of which they have been arrested and detained in jail and in which charge-sheet has been filed. The applicants are in jail since 15-11-2015. One witness of memorandum/seizure has been examined and he has been declared hostile, and another witness has died as such, there is no evidence likely to come against the applicants.

4. On the other hand, learned State counsel would oppose the application and would submit that the applicants were last seen together with the deceased which is apparent from the statement of Rakesh Kumar.

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

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, material collected and available in the case diary and further taking into consideration the statement of Rakesh Kumar, I do not consider it a fit case for grant of bail to the applicants. Accordingly, the application is rejected. Sd/- (Sanjay K. Agrawal) Judge Soma