Laxman v. State Of Chhattisgarh

MCRC No.3706 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3706 of 2021

1. Laxman S/o Jageshwar Aged 32 Years Caste Kanwar R/o Village Andhla (Majhapara, Implipara) P.S. Lakhanpur, District Surguja Chhattisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through Station House Officer, P.S. Lakhanpur, District Surguja Chhattisgarh ---- Respondent For Applicant Mr. Nishi Kant Sinha, Advocate For Respondent /State Mr. Sudeep Agrawal, Dy. Adv.General (Proceedings through Video Conferencing) Order on Board By Prashant Kumar Mishra, Ag. CJ 22/7/2021 1.

Heard.

2.

The applicant has preferred this bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.14/2021, registered at Police Station Lakhanpur, District Surguja (CG), for the offence under Sections 302, 201, 34 of the Indian Penal Code. 3.

On suspicion that Naiharo Bai (since deceased) is practicing witchcraft (टटोनहह), the applicant along with co-accused Ajay

MCRC No.3706 of 2021 Singh @ Guddu committed her murder on 11-1-2021 and thrown the dead body over Pagdandi (पगडडह) at a distance of 200 mtrs. from the house of the deceased.

4.

Learned counsel for the State, per contra, would oppose the bail application.

5.

There is no eyewitness to the crime. Case of the prosecution is based on memorandum statement of the present applicant and co-accused. From the present applicant his bicycle has been recovered.

6.

Considering the quality of evidence, as also for the fact that the applicant is in jail since 14-1-2021 and the charge sheet has already been filed, I am of the opinion that present is a fit case to release the applicant on regular bail. 7.

Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

8.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Gowri Acting Chief Justice