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High Court Of ChhattisgarhMCRC/2454/2021dismissed

Dagendra Kumar Sahu v. State Of Chhattisgarh

2021-07-30Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2454 of 2021 Dagendra Kumar Sahu S/o Sattu Sahu Aged About 19 Years R/o Jevdan Kala, P.S.- Kawardha, District- Kabirdham, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Police Station-Kawardha, DistrictKabirdham, Chhattisgarh. ---- Respondent For applicant - Shri Rahil Arun Kochar, Advocate. For Respondent/State - Shri Pawan Kesharwani, PL. Hon'ble Shri Justice Goutam Bhaduri Order 30/07/2021 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.728/2020 registered in Police Station Kabirdham, District Kabirdham for offence punishable under section 302, 201, 34 of IPC.

2.

As per the prosecution case, body of Suresh Sahu was found in the field. Subsequently, on investigation it revealed that the deceased who was step son of one of the accused Meshram demanded share of his property which led to a dispute and the present applicant alongwith others has committed his murder.

3.

Learned counsel for the applicant submits that except the recovery of swetter and motorcycle there is no other evidence available and the applicant was arrested on 16/12/2020 on the memorandum of Meshram who was arrested on 14/12/2020. He submits that there is no witness, there is delay in recording of 161 statement, therefore the applicant may be released on bail.

4.

Per contra, learned State counsel submits that because of the property dispute Suresh Sahu was murdered. He read out the statement

of Saroj.

5.

Having considered the statement of Saroj who is said to be the eye witness and the role played by the applicant, this court is not inclined to release the applicant on bail.

6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri