Rampal Singh And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

1. Rampal Singh S/o Late Bhola Singh Aged About 26 Years,

2. Mohd. Mansur Ansari S/o Hanis Ansari Aged About 20 Years,

3. Mohd. Sabir Ansari S/o Kayamuddin Ansari Aged About 19 Years All are R/o Village - Auranga, Police Station Ramchandrapur, District Balrampur-Ramanujganj, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Ramchandrapur, District Balrampur-Ramanujganj, Chhattisgarh.

---- Respondent For Applicants :- Mr. Sharad Mishra, Advocate For Respondent-State :- Mr. Gagan Tiwari, Dy.G.A.

Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/08/2020

1. The applicants have preferred this application filed under Section 439 of the Cr.P.C. for grant of regular bail as they are arrested in connection with crime No.43/2018 registered in Police Station Ramchandrapur, District- BalrampurRamanujganj C.G. for the offence punishable under

Sections 109, 120-B, 302, 201, 3/34 of the I.P.C. (as mentioned in the rejection order).

2. Case of the prosecution, in brief, is that deceased - Sangeeta had an affair with Hanis Ansari, father of applicant No.2 Mohd. Mansur Ansari and relative of applicant No.3 Mohd. Sabir Ansari. Applicant No.1 Rampal Singh is a family friend of other applicants. Due to illicit affair of Hanis and Sangeeta, he was not taking care of his family members, therefore, they hatched conspiracy, also involving applicant No.1 Rampal, to eliminate the deceased and in furtherance thereof they went to the house of deceased in the night of 19.12.2018 and committed her murder and threw the dead body in agricultural field of one Haider Ali.

3. Memorandum statement of co-accused Koresa Khatoon, wife of Hanis Ansari was recorded on 26.12.2018 consequent to which some ornaments belonging to the deceased were recovered. Applicant No.1 Rampal Singh made extra judicial confession in the presence of the villagers.

4. Apart from memorandum and seizure from Koresa Khatoon who has already been released on regular bail and extra judicial confession of Rampal Singh, there is no other evidence. As against applicant No.2 Mohd. Mansur Ansari and applicant No.3 Mohd. Sabir Ansari they have not made any extra judicial confession directly neither their

memorandum statement has been recorded.

5. Learned counsel for the State would oppose the bail application.

6. I have heard learned counsel appearing for the parties.

7. Considering entire fact situation of the case and nature of evidence available on record, this Court is inclined to release the applicants on bail.

8. Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of ₹50,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

SD/- (Prashant Kumar Mishra) Judge Ayushi