Sheikh Yarnaj @ Shadab v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.3770 of 2020 • Sheikh Yarnaj @ Shadab S/o Late Sheikh Irfan Aged About 18 Years R/o Khaparganj , Police Station City Kotwali, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Koni, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Respondent For Applicants :

Shri Amit Kumar, Advocate For Respondent/State :

Shri Sudeep Agrawal, Dy.AG Single Bench: Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 18/08/2020 Heard.

1.

The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.148/2020 registered at Police Station Koni, District Bilaspur for the offence punishable under Section 302, 397, 201 of the IPC. The applicant was arrested on 31-08-2019.

2.

Prosecution case is that the applicant entered in disputed with the deceased/OLA car driver and caused injury by means of knife in the chest and neck of the deceased driver.

3.

Learned counsel for the applicant submits that the applicant has been involved in this case only on the basis of suspicion. It is submitted that seizure of car and other articles were false and fabricated and nothing was seized from the possession of the applicant. He would further submit that the dead body was found on the road and not in the house of the applicant. 4.

On the other hand, learned counsel for the State/non-applicant opposes the bail application by submitting that when the dead body was found on the

basis of last call details, the applicant was traced and on the memorandum of the applicant, car of the deceased, Debit Card, money and bloodstained knife was seized from the possession of the applicant. All the seats of the vehicle was found stained with blood.

5.

Taking into consideration the nature of allegations leveled against the applicant and gravity of offence alleged against the applicant, the present is not a fit case to grant bail to the applicant.

6.

Accordingly, the application is rejected.

Certified copy as per rules.

SD/- (Manindra Mohan Shrivastava) Judge Tumane