G. Nagendra Rao v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.

No.

7 95 of 2016 G. Nagendra Rao, son of Late Laxman Rao, aged about 22 years, resident of Village - Chandni Chowk, Bade Purena, P.S. Bhilai-03, Tehsil and District Durg, Civil and Revenue District-Durg (C.G.) ---- Applicant.

Versus

State Of Chhattisgarh Through : District Magistrate, District Durg (C.G.) -----Non-applicant For Applicant:

Mr. Sanjay Kumar Agrawal, Advocate.

For Respondent/State:

Mr. Adhiraj Surana, Dy. Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 3 /201 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 130/2015 registered at Police GRP Bhilai, District - Durg for the offences punishable under Sections 302 & 307 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant & three other coaccused persons caused death of Vijay @ Baba Mahanand by thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that applicant has been falsely implicated in the offence in question as there is no evidence to connect the applicant with the offence in question and the alleged offence has been committed by three other co-accused persons. He further submits that application is in detention since 9.12.2015 and the charge sheet has already

been filed and, therefore, the applicant may be released on bail. (4) On the other hand, counsel for the State opposes the bail application. (5) Taking into consideration the facts & circumstances of the case; role of the present applicant in the offence in question; and the material collected by the prosecution against the applicant, I am not inclined to release the applicant on bail. Thus, the bail application is rejected. Sd/- (Sanjay K. Agrawal) Judge D/-