High Court Of ChhattisgarhMCRC/4288/2021rejected

Dhanraj Sharma v. The State Of Chhattisgarh

2021-09-06Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4288 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Order reserved on 24/08/2021 Order delivered on 06/09/2021 MCRC No. 4288 of 2021 • Dhanraj Sharma S/o Shri Bhagwati Prasad Sharma Aged About 19 Years R/o Azad Chowk, Brahman Para, Near Satyanarayan Mandir Raipur Police Station Azad Chowk, District Raipur Chhattisgarh Permanent Address Village Mundra Police Station Nagour, District Churu Rajasthan ---- Applicant

Versus

• The State Of Chhattisgarh Through Police Station Doundi, District Balod Chhattisgarh ---- Respondent For Applicant Mr. D.K. Gwalre, Advocate For Respondent /State Mr. Chandresh Shrivastava, Dy.A.G.

(Proceedings through Video Conferencing) Hon'ble Mr. Prashant Kumar Mishra, Ag.CJ CAV Order

1. Heard.

2. The applicant has preferred this first bail application under Section 439 of CrPC, as he is arrested in connection with Crime No.79/2018, registered at Police Station Doundi, District Balod C.G. for the offence punishable under Sections 460, 302 & 396 of the I.P.C.

3. Present applicant and co-accused Heera Netam, Rishab Nayak, Rakesh Nayak, Ajay Singh @ Ladmudiya, Rahul @ Lakhan, Dulba Churra @ Uve, Bijju Munna and Rakesh Sahu have committed dacoity and murder of deceased Sunil Jain on

MCRC No. 4288 of 2021 25.11.2018.

4. The applicant was working in the house of deceased Sunil Jain. On finding, in June, 2018 that the deceased is possessed of hefty cash amount, he informed other accused persons and thereafter all of them assembled on 24.11.2018. This applicant facilitated entry of other accused persons through the roof of the house of the deceased and started searching for cash in the Almira. The deceased awoke and started raising alarm, therefore, the accused persons gagged him; tied his hands; and thereafter he was inflicted knife blows. All accused persons ran away with cash, gold and silver ornaments and two mobile sets. The knife recovered from the accused persons was found stained with blood of the deceased. The CCTV footage, call details and other forensic evidence have also been collected during investigation. The applicant's memorandum statement has also been recorded.

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

6. Considering the seriousness of the crime and the evidence available in the charge sheet , I am not inclined to release the applicant on bail.

7. Accordingly, the bail application is rejected. SD/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi