Rajendra Sinha And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.1094 of 2016

1. Rajendra Sinha S/o Nogru, Caste-Sinha, aged about 50 years,

2. Anil Kumar S/o Rajendra Sinha, Caste-Sinha, aged about 25 years,

3. Dhananjay @ Dhannu S/o Rajendra Sinha, Caste-Sinha, aged about 21 years, All R/o Sorid, Dipopara, P.S.-City Kotwali, Dhamtari, Tah & Distt.Dhamtari (CG) ---Applicants

Versus

State of Chhattisgarh, Through: Police Station City Kotwali, Civil & Revenue District-Dhamtari (CG) ---Non-applicant For Applicants :

Mr. Shrawan Agrawal, Advocate For Non-applicant :

Mr. Neeraj Sharma, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 15/03/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.345/2015, registered at Police Station-City Kotwali, District-Dhamtari (CG), for the offence punishable under Sections 302, 294, 323 and 506B/34 of the IPC.

2.

Case of the prosecution, in brief, is that on 16.11.2015 the present applicants committed murder of Vinay Masih and thereby committed the offence.

3.

Learned counsel for the applicant would submit that the applicants have not committed any offence and they have falsely been implicated in crime in question. He would further submit that in fact, the deceased was aggressor and he assaulted by kudali to the present applicants by which they suffered grievous injuries. The applicants are in jail since 22.11.2015 and material prosecution witnesses have been examined in which they have not supported the case of the prosecution. 4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicants and material available in the case diary, I do not find any ground for grant of regular bail to the applicants. Consequently, bail application filed on behalf of the applicants is rejected.

Sd/- (Sanjay K. Agrawal) JUDGE B/-