Ravi Sidar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Ravi Sidar S/o Roop Singh Sidar, Aged About 40 Years R/o Village Sardega PS And Tahsil Lailunga District Raigarh Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through OfÏcer In Charge Police Station Lailunga, District Raigarh Chhattisgarh.

---- Respondent For Applicant Mr. Ashutosh Mishra, Advocate For Respondent Mr. Vikram Sharma, Dy. GA Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 13/7/2021

1. Heard.

2. This is an 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.12/2021

registered at Police Station Lailunga, District Raigarh (CG) for the offence punishable under Sections 302, 201 of the IPC.

3. The present applicant is the brother-in-law of accused Jai Sidar, who happens to be the husband of deceased Saraswati Mandavi. Jai Saidar married with Saraswati Mandavi during his stay in the State of Jharkhand, however, they returned to the village due to lock-down and non-availability of work at Jharkhand. As per the diary statements of some villagers, the two accused and deceased Saraswati Mandavi were seen moving on a motorcycle on 7.1.2021, where-after, the deceased was not found. The dead body of an unknown woman was found in the forest between village Bhelwatoli and village Khamhar on 12.1.2021. The FIR was lodged on 13.1.2021. The postmortem report revealed that the deceased has died homicidal death.

Except for recovery of mobile set of the deceased on his memorandum statement and the statements of the villagers, there is no direct evidence against the applicant. Even the mobile set is not the weapon of offence. The statements of the villagers are to the effect that the deceased was last seen together with the accused persons, however, this happened on 7.1.2021 and the dead body was found on 12.1.2021 i.e. after 5 days.

4. Considering the state of evidence and for the fact that the applicant is in jail since 13.1.2021 and the charge sheet has already been filed, this Court is inclined to release the applicant on regular bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Certified copy as per rules Sd/- (Prashant Kumar Mishra) Acting Chief Justice Shyna