Dorilal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1950 OF 2016 Dorilal son of Ramratan aged about 35 years Caste Kanwar (Adiwasi) Occupation Labourer R/o village Amlideepa Tahsil Sarangarh District Raigarh (C.G.) ---Applicant

Versus

State of Chhattisgarh, through the District Magistrate P.S. Sarangarh District Raigarh (C.G.).

---Non-applicant For Applicant :

Mr. Raghvendra Pradhan, Advocate For-Non-applicant :

Mr. Neeraj Kumar Sharma, Dy. G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 11/04/2016 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 applicant who has been arrested in connection with Crime No. 495/2015, registered at Police Station Sarangarh, District Raigarh (C.G.), for the offence punishable under Section 302 of I.P.C.

2.

Case of the prosecution, in brief, is that, applicant is said to have strangulated deceased- Dropadi Bai between 12/11/2015 to 13/11/2015 and thereby committed aforesaid offence.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in the case. He would further submit that on the basis of suspicion, applicant has been arrested and there is no legal admissible evidence on record to implicate the applicant in offence in question. He would lastly submit that charge sheet has been filed and applicant is in jail since 18/11/2015, therefore, he may be released on bail.

4.

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

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence and the

manner, in which, applicant is said to have strangulated the deceased, this Court is not inclined to release the applicant on regular bail.

7.

Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected.

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Tiwari