High Court Of ChhattisgarhMCRC/2797/2021allowed

Ghasi Baghel & Others v. State Of Chhattisgarh

2021-07-08Hon'Ble The Acting Chief Justice2 pages

MCRC No. 2797 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2797 of 2021

1. Ghasi Baghel, son of Sukalu Baghel, aged about 30 years,

2. Sumar Mandavi, S/o Mahadev, aged about 22 years,

3. Somaru Baghel, S/o Bijjo Baghel, aged about 26 years, All are R/o Village Mutanpal, Police Station Burgum, District Bastar (CG) ---- Applicant

Versus

State Of Chhattisgarh Through the Station House Officer, Police Station Lohandiguda District Jagdalpur (CG) ---- Non-Applicant For Applicant : Shri Punit Ruparel Advocate.

For Non-Applicant : Shri Chandresh Shrivastava, Deputy AG. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 08/07/2021 :

1. The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.45/2019 registered in Police Station: Lohandiguda, District Jagdalpur for offence under Section 302/34 of the IPC.

2. The applicants have committed murder of deceased Somaru on 25.5.2019. There being no eyewitness to the crime, case of the prosecution rests on extra judicial confession made in the presence of

MCRC No. 2797 of 2021 witnesses namely, Pandhru, Bodha and Kanu, as also statement of Chaiti Baghel, wife of deceased Somaru.

3. Pandhru, Bodha and Kanu have been examined before the trial Court and they have not supported the prosecution.

4. Chaiti, wife of the deceased, has deposed that the fact regarding involvement of the present applicants in committing murder was informed to her by Kanu, Bodha and Pandhru. Thus neither she has seen the occurrence nor these three persons have deposed so in the trial.

5. Considering the quality of evidence on record and for the fact that the applicants are in jail since 29.5.2019, I am inclined to release them on bail.

6. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve