Dhan Lal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4178 of 2016 Dhan Lal, S/o. Kapil Ram Bhaskar, Aged About 31 Years, R/o. Village Sagaunadih, Police Station Pandariya, Civil & Revenue District Kabirdham, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Pandariya, District Kabirdham, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Dharmesh Shrivastava, Advocate For Respondent :

Mr. Anil S. Pandey, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 28.07.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.55/2016 registered at Police Station- Pandariya, District Kabirdham (C.G.) for the offence punishable under Section 302, 201, 34 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that the applicant alongwith one Resham took the deceased Karishma to the Hospital wherein she was declared to be dead. Subsequently, the investigation and post mortem was carried out and it was found that the deceased died due to strangulation; thereby the applicant and Resham were charged of the offence.

3.

Learned counsel for the applicant would submit that only allegation against the applicant is that he made disappearance of the evidence and substantial allegation of murder is on Resham. He

further submits that the charge sheet has been filed and the applicant is in jail since 18.02.2016, therefore, he may be enlarged on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case, nature of allegation against the present applicant is only for causing disappearance of evidence. Considering the degree of allegation and the fact that the charge sheet has been filed and the applicant is in jail since 18.02.2016, I am inclined to release the applicant on bail. 6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok