Anil Bansor v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7455 of 2015 • Anil Bansor S/o Bhaiyalal Bansor Aged About 63 Years Caste - Kandra (S.T.) R/o Kurra, Thana - Bhakhara, Distt. Dhamtari Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through The Police Station House Officer - Bhakhara, Post Office - Bhakhara, Distt. Dhamtari Chhattisgarh --- Respondent For the applicant :

Mr. Deepak Jain, Advocate For the Respondent :

Mr. Anupam Dubey, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 06.01.2016

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. 192 of 2015 registered at P.S. Bhakhara, Distt. Dhamtari (C.G) for the offence punishable under Sections 364, 201, 120-B, 302/34 IPC and Section 25 of the Arms Act and Sections 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Case of prosecution, in brief, is that on 04.10.2015 at about 12.30 p.m., deceased Kamlesh Gayakwad was missing and as per the prosecution case, Kamlesh was taken away by Sanjay and Churaman. They went to forest and thereafter accused Churaman caused knife blow to the deceased and after causing death, they came to the applicant who assured them to save them and tried to cause disappearance of evidence.

3. Learned counsel for the applicant submits that only the

allegation against the applicant is that he has tried to cause disappearance of evidence and the entire allegations of causing murder are against co-accused Sanjay and Churaman. He further submits that the charge sheet has been filed and no allegations of conspiracy has been levelled against the applicant. Therefore, considering the role played by this applicant he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application and submits that against this applicant, the allegation of causing disappearance of evidence has been alleged.

5. Taking into evidence available and the primary allegation against this applicant is that he has tried to cause disappearance of evidence and further taking into fact that the main allegations of murder have been attributed to coaccused Sanjay and Churaman as also the fact that the charge sheet in this case has been filed, I am inclined to release the present applicant on bail.

6. Accordingly, the bail 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 shall also appear before the trial Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao