Sonudas v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2735 of 2018 • Sonudas S/o Dumardas Aged About 24 Years Caste- Panika, R/o- VillageDhelwatikra, Police Station- Katghora, District- Korba, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through- Station House Officer, Outpost- Hardibazar, Police Station- Kusmunda, District- Korba, Chhattisgarh ---- Respondent MCRC No. 3637 of 2018 • Raju Das Mahant S/o Manthan Das Mahant Aged About 30 Years R/oVillage Devgaon, Police Station- Deepika, District- Korba, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through- Station House Officer, Police StationKusmunda, District- Korba, Chhattisgarh ---- Respondent For Applicants :

Shri Dharmesh Shrivastava and Shri Aditya Khare, Advocates For Respondent/State :

Shri SRJ Jaiswal, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 04/07/2018

1. Since both these bail applications are arising out of the same crime number therefore they are decided together by this common order.

2. These are the First Bail Applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested on 26.09.2017 & 27.09.2017 in connection with Crime No.189/2017 registered at Police Station Kusmunda, Out Post - Hardibazar, District Korba (CG) for the offence punishable under Sections 302, 201, 120 - B, 34

IPC.

3. As per the prosecution case, one dead body of Vinod Anant was found on 26.09.2017. It is alleged that on 11.07.2017 Vinod Anant, who was demanding money from Photolal, who is his father as he had received some compensation amount, was demanding Rs.2 Lakhs and had assaulted previously. Consequently, in order to eliminate Vinod Anant contract killers namely Dinesh Chauhan and Raja Patel were engaged and on the date of incident on 11.07.2017 Sonudas & Raju Das along with Dinesh Chauhan, Raja Patel and Photolal committed murder of Vinod Anant and threw his dead body. Thereby the offence has been committed.

4. Learned counsel for the applicants submits that there is no evidence against the present applicants and only on the presumption they have been inculpated and no acceptable evidence exists, therefore, the applicants may be released on bail.

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

6. Perused the documents as also the memorandum statement of Photolal, wherein it is stated that the present applicants were also engaged as contract killers and the memorandum statement of Sonudas is also perused. Considering the same and the conspiracy and the memorandum statements of other co-accused and further taking into that one club which was used as a weapon to kill was also recovered, at this stage I am not inclined to release the applicants on bail.

7. Accordingly, both the bail applications are dismissed. Sd/- Goutam Bhaduri Judge Ashu