High Court Of ChhattisgarhMCRC/3985/2021dismissed

Sahoran Paikra v. State Of Chhattisgarh

2021-07-27Hon'Ble The Acting Chief Justice2 pages

MCRC No. 3985 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceedings through video conferencing MCRC No. 3985 of 2021 • Sahoran Paikra S/o Shri Shesh Ram Aged About 40 Years R/o Village Mutki, Police Station Udaypur, District Surguja Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Chowki Incharge Kunni, Police Station Lakhanpur, District Sarguja Chhattisgarh.

---- Respondent _____________________________________________________ For Applicant - Shri Jitendra Shrivastava, Advocate.

For Respondent/State - Shri Sudeep Agrawal, Dy. Advocate General.

Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order on Board 27-07-2021

1. Heard.

2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C., as he has been arrested in connection with Crime No.92/2020, registered at Police Station - Police Chowki: Kunni, Thana: Lakhanpur, District- Surguja (C.G.) for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code.

3. The applicant alongwith three other accused persons have allegedly committed the murder of Sahdev Sarthi (since deceased). The dead body contained in a bag was recovered from main road of Jamdara forest on 08-09-2020. It is alleged that the deceased had illicit relation with Anita Paikra wife of Akhileshwar Singh. At about 8 p.m. on

MCRC No. 3985 of 2021 07-09-2020, the accused persons witnessed that the deceased was physical with Anita. Seeing the accused persons Anita ran away and the accused persons assaulted the deceased by means of club, hand, fist, legs, etc. and concealed the dead body by throwing it over the road. The present applicant is the father of Anita with whom the deceased was having relation

4. Learned State counsel would oppose the prayer for grant of bail.

5. In course of investigation, applicant's memorandum statement has been recorded consequent to which club has been recovered from him.

6. Considering the nature of allegations and the material available on record, I am not inclined to grant bail at this stage.

7. Accordingly, the present MCRC is dismissed reserving liberty in favour of the applicant to revive the prayer for grant of bail after examination of witnesses to the memorandum statement and seizure. SD/- (Prashant Kumar Mishra) Acting Chief Judge Gowri