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High Court Of ChhattisgarhMCRC/4159/2021rejected

Ajay Rai v. State Of Chhattisgarh

2021-08-10Hon'Ble The Acting Chief Justice2 pages

MCRC No.4159 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.4159 of 2021

1. Ajay Rai, S/o Shri Bhagirathi Rai, aged about 32 years, R/o Shivam City, near Ekka Provision Stores, Saddu, Vidhan Sabha, Raipur, District Raipur (CG) ---- Applicant

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station Khamhardih, Raipur, District Raipur (CG) - Non-Applicant For Applicant : Shri NK Malviya, Advocate. For Non-Applicant : Shri Chandresh Shrivastava, Deputy AG. For Objector : Shri SP Sahu, Advocate. Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 10/08/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.22/2021 registered in Police Station Khamhardih, Raipur District Raipur for offence under Section 302, 120-B, 450, 34 of the IPC.

2. The applicant along with co-accused Dr. Anand Rai and Dipak Kumar Saitode have committed murder of Neha Dhritlahre and her daughter Ananya.

3. It is argued that the applicant was not present in the house where the dead body has been recovered. It is also argued that co-accused persons were seen in the house where dead body was recovered and the evidence against the present applicant is that of his memorandum statement.

4. As per the material available in the case diary, not only his own

MCRC No.4159 of 2021 memorandum, the applicant is named in the memorandum statement of the co-accused persons also which are admissible in evidence in view of Section 30 of the Evidence Act.

5. Considering that it is a case of double murder, I am not inclined to release the applicant on bail. Accordingly, the Application is rejected. However, the applicant would be at liberty to revive the prayer after examination of material witnesses.

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