High Court Of ChhattisgarhMCRC/3243/2016dismissed

Brij Kishore Kumar Yadav And ANR. v. State Of Chhattisgarh

2016-07-04Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3243 of 2016

1. Brij Kishore Kumar Yadav S/o Manager Yadav Aged About 22 Years R/o Village Chhodmarawa P.S. Banjariya Rev. & Civil Distt. Purvi Champaran (Bihar).

2. Jitendra Mukhiya S/o Jhori Mukhiya Aged About 30 Years R/o Village Chhodmarawa P.S. Banjariya Rev. & Civil Distt. Purvi Champaran (Bihar).

--- Petitioners

Versus

• State of Chhattisgarh Through The Police Station Narayanpur, District Narayanpur Chhattisgarh. Respondent For the applicant :

Mr. Pravin Kumar Tulsyan, Advocate For the Respondent :

Mr. Vinod Tekam, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 04.07.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 23/2016 registered at P.S. Narayanpur, Distt. Narayanpur (C.G) for the offence punishable under Section 363, 370 & 34 of IPC.

2. As per the prosecution case, on 25.02.2016 a report was made by one Sarita Banjare that 5 boys were found standing on the road with their luggage. On being enquired it was revealed that they were being carried by one Lakhan Kotaih from Narayanpur to Kondagaon and thereafter to go to Salem (Tamilnadu) and Pondicheri and further they were to be carried by the present applicants Brij Kishore Kumar Yadav and Jitendra and Brijkumar and the present applicants were arrested and the investigation was made and during interrogation Lakhan Kotai mentioned the names of present applicants.

3. Learned counsel for the applicants submits that no evidence is available against this applicants and the applicants have been falsely implicated only on the statement of Lakhan Kotaih, therefore, the applicants may be enlarged on bail.

4. Perused the statement of Sarita Banjare. According to her statement, the applicants were waiting in Kondagaon and after crossing Kondagaon both the applicants were arrested as the boys were being carried by Lakhan Kotai from Narainpur to Kondagaon.

5. Considering the statements of Sarita Banjare and Lakhan Kotai as also the statements of boys and the way the applicants were apprehended, I am not inclined to allow this bail petition. Accordingly, it is rejected.

Sd/- GOUTAM BHADURI JUDGE R a o