Keshavram Verma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6005 of 2015 Keshavram Verma S/o Pardeshi Ram Verma Aged About 35 Years R/o Village Sararidih, P.S. & P.O. Nevra, Distt. Raipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, P.S. Nevra, Raipur, Distt. Raipur, Chhattisgarh.

---- Respondent For applicant - Shri Shivendu Pandya, Advocate. For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 17/11/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 157/2015 registered in Police Station Nevra, Raipur, District-Raipur (C.G.) for offence punishable under section 302, 201/34 of IPC.

2.

As per the prosecution case on 30/03/2009 one Abhayram Verma gone missing and thereafter matter was reported to the police. Subsequently, on 19/06/2015 extra judicial confession was made by the applicant before Keshav Verma, Radheshyam Verma and Laxman Verma wherein he confessed that he has killed the deceased Abhayram Verma and thereafter on the basis of that subsequently report was made on 4/07/2015 as applicant confessed the crime.

3.

Learned counsel for the applicant submits that offence was said to

have been committed in the year 2009 and confession made in 2015 and virtually there is no recovery and if the dead body was burned and thrown in the kiln, then in such case recovery of the bones would not be possible after six years. Therefore, he submits that applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail and submits that deceased was thrown in the running kiln and thereafter the bones were recovered.

5.

I have gone through the statement of the witness. Offence is of the year 2009 whereas report is made in 2015. Only on the basis of the confessional statement, charge sheet though has been filed do not contain any FSL report as to whether recovery of article were bones or not. Considering the available evidence in case and the time gap, without any observation on merit, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri