← Library
High Court Of ChhattisgarhMCRC/4316/2016allowed

Sohit Lal Ratre v. State Of Chhattisgarh

2016-08-08Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4316 of 2016 • Sohit Lal Ratre S/o Dhani Ram Ratre Aged About 50 Years R/o Village Byang, P.S. Kotra Road, District Raigarh, Chhattisgarh.

--- Petitioner

Versus

• State of Chhattisgarh through S.H.O., Police Station Kotra Road, District Raigarh, Chhattisgarh. --- Respondent For the applicant :

Mr. Awadh Tripathi, Advocate For the Respondent :

Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 08.08.2016

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.56/2016 registered at P.S. Kotra Road, District Raigarh (C.G) for the offence punishable under Sections 302 & 201 IPC.

2. As per the prosecution case, on 01.03.2016 a dead body was recovered from the Mond river and on 02.03.2016 it was identified as the dead body of Narmada Sidar. Subsequently it was found that the lady was missing from 15.02.2016 and on 18.03.2016 a memorandum was obtained, upon which one Belcha from the possession of the applicant was recovered. It is alleged that one Choudhary has committed murder whereas the applicant has caused disappearance of evidence which would fall u/s 201 IPC.

3. Learned counsel for the applicant would submit that the allegations against this applicant are u/s 201 of IPC which is a bailable one and the main allegations of murder has not been attributed to this applicant. He further submits that the

charge sheet has been filed and the applicant is in jail since 18.03.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused case diary documents.

6. Considering the nature of charges against this applicant which primarily appears to be u/s 201 IPC as also the fact that charge sheet in this case has been filed and the applicant is stated to be in jail since 18.03.2016, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court.

C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o