High Court Of ChhattisgarhMCRC/3223/2021rejected

Ramu Yadav v. State Of Chhattisgarh

2021-08-24Hon'Ble The Acting Chief Justice2 pages

MCRC No. 6148 of 2021 & MCRC No. 3223 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6148 of 2021 Yadu Kumar Navrange S/o. Ashwa Ram Navrange Aged About 27 Years R/o. Bitkuli, Chouki Karhibazar, P.S. City Kotwali Balodabazar, Distt. Balodabazar-Bhatapara (Chhattisgarh) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, City Kotwali, Distt. Balodabazar-Bhatapara (Chhattisgarh) ---- Non-Applicant MCRC No. 3223 of 2021 Ramu Yadav S/o Maniram Yadav Aged About 27 Years Resident Of Durganagar, Mandhar, Raipur , District Raipur Chhattisgarh. ----Applicant

Versus

State Of Chhattisgarh Through The Police Station Bhatapara (City), District Balodabazar Chhattisgarh.

---- Non-Applicant For Applicant : Shri Ajay Ayachi and Shri Chakresh Tiwari, Advocates. For Non-Applicant : Shri Chandresh Shrivastava, Deputy AG. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 24/08/2021 :

1. The aforesaid MCRCs are being disposed of by this common order as they arise out of Crime No.404/2019 registered in Police Station

MCRC No. 6148 of 2021 & MCRC No. 3223 of 2021 Bhatapara City, District Balodabazar-Bhatapara for offence under Sections 302, 201, 120-B/34 of the IPC and Section 25 & 27 of the Arms Act.

2. MCRC No.6148/2021 is the 4th bail application on behalf of applicant Yadu Kumar Navrange. The earlier bail applications of this applicant have been rejected on merits by a detailed order.

3. The present applicants went together on a motorcycle and thereafter Ramu Yadav fired gun shot on the person of deceased Chandrakant @ Kanta. There are 3 eyewitnesses to the crime. Moreover, identification has also been carried out.

4. Learned counsel for the applicant submits that co-accused Raja Babu Bharti has been released on bail in MCRC No.8398/2020.

5. Considering the nature of evidence against the present applicants and for the fact that they have been identified, I am not inclined to release the applicants on bail. Co-accused Raja Babu Bharti has been allowed bail for the reason that the evidence against him is not of clinching nature whereas, against these two applicants, there is clear evidence that they had gone together on motorcycle and Ramu Yadav fired gun shot.

6. The bail Applications are accordingly rejected. Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve