High Court Of ChhattisgarhMCRC/6216/2015allowed

Ram Prasad Pando v. State Of Chhattisgarh

2015-11-23Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6216 of 2015 • Ram Prasad Pando S/o Dharmpal Pando, Aged About 25 Years, R/o Village Dugaru, Police Station Sanawal District Balrampur-Ramanujganj Chhattisgarh.

--- Petitioner

Versus

• State Of Chhattisgarh Through P.S. - Sanawal, District Balrampur-Ramanujganj Chhattisgarh. --- Respondent For the applicant :

Mr. A. K. Yadu, Advocate For the Respondent :

Mr. Anil S. Pandey, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 23.11.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 19/2015 registered at P.S. Sanawal, Distt. Balrampur-Ramanujganj (C.G) for the offence punishable under Sections 302, 201 read with section 34 of IPC.

2. As per the prosecution version, on 11.07.2015 deceased Pradeep Kumar tried to assault and commit sexual intercourse with the victim. When she cried and raised alarm, her mother, brother and aunt reached there and committed murder of deceased. Subsequently, with the help of this applicant, the dead body of deceased Pradeep Kumar was tied and was thrown out in a pond. On report being made, the FIR was registered and the applicant has also been taken into custody.

3. Learned counsel for the applicant submits that only the allegation of disappearance of evidence has been made

against this applicant and no direct allegations of murder is attributed to this applicant. He further submits that the applicant is in jail since 26.07.2015 and prays for releasing him on bail.

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

5. Having regard to the allegation made against the applicant that he tried to commit offence which only amounts to causing disappearance of evidence and the way in which the offence took place and further looking to the evidence available against this applicant, I am inclined to release him on regular bail.

6. Accordingly, the 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 is directed to appear before the said Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao