Shatrughan Ram Tekam v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4516 of 2020 • Shatrughan Ram Tekam, S/o. Krishna Ram, Aged about 22 years, R/o. Amadipara, Darapatra, Police Chowki Boriyo, PS Rajpur Distrtict Balrampur Ramanujganj CG ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, police Station Rajpur, district Balrampur-Ramanujganj CG ---- Respondent For Applicant : Shri Ajit Kumar Yadav, Advocate For Respondent /State : Shri Rahul Jha, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 25/08/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No. 263/2020 registered at police station Rajpur, District Balrampur-Ramanujganj (CG) for the offence punishable under Section 302 IPC.

As per prosecution case, report was lodged against the applicant alleging that he was earlier having love affair with the deceased and on the date of incident when she had gone to attend the natures call, he committed her murder. It is alleged that when the applicant came to know that she got married to some other person, he

killed her by throttling with a piece of cloth. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that the applicant was not present at the time of incident in the village. He submits that nothing has been seized from the present applicant. He submits that the applicant is in jail since 29.12.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore he may be released on bail.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna