High Court Of ChhattisgarhMCRC/3028/2015dismissed

Raghuvar And ORS v. State Of Chhattisgarh

2015-07-29Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.3028 of 2015

1. Raghuvar, S/o Budhram, aged about 40 years, R/o Village Banjari Para, Police Station Pendra, Distt. Bilaspur, Civil & Revenue Distt. Bilaspur (CG)

2. Sant Ram, S/o Sukhi Ram Pando, aged about 25 years, R/o Dhanbaherpara, Bagara, Police Station Pendra, Distt. Bilaspur, Civil & Revenue Distt. Bilaspur (CG)

3. Jaikaran, S/o Bachlal Pando, aged about 35 years, R/o Village Banjari Para, Bagara, Police Station Pendra, Distt. Bilaspur, Civil & Revenue Distt. Bilaspur (CG) ---- Applicants

Versus

State of Chhattisgarh, Through Station House Officer, Police Station Pendra, Distt. Bilaspur (CG) ---- Non-applicant For Applicants:

Mr. Alok Kumar Pandey, Advocate.

For Non-applicant:

Mr. Om Prakash Sahu, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 29/07/2015

1. Heard.

2. The accused/applicants have moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing them on regular bail during trial in connection with Crime No.121/2014 (Criminal Case No.42/2014 pending in the Court of Additional Sessions Judge, Pendra Road), registered at Police Station Pendra, Distt. Bilaspur, for the offence punishable under Sections 302, 201 and 120B read with Section 34 of the IPC.

3. This is the second bail application filed on behalf of the applicants for grant of regular bail. First bail application has been dismissed as withdrawn vide order dated 11-5-2015 passed by this Court in M.Cr.C.No.763/2015.

4. Case of the prosecution, in brief, is that co-accused Kailash Pando - juvenile, murdered deceased Shiv Singh by causing injury by arrow, applicant No.3 Jaikaran separated the head of the deceased from his rest of the body and applicants No.1 & 2 assisted in counselling the evidence of the offence, and thereby committed the offence.

5. After hearing counsel for the parties, taking into consideration the nature and gravity of offence, the manner in which the offence is alleged to have been committed, role of the present applicants and taking into consideration the fact that trial is in advanced stage, I do not find it a fit case for grant of regular bail to the applicants. The application is, therefore, rejected. Sd/- (Sanjay K. Agrawal) Judge Soma