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High Court Of ChhattisgarhMCRC/3690/2015dismissed

Lala Ram Yadav v. State Of Chhattisgarh

2015-08-04Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

3 6 90 of 2015 • Lala Ram Yadav, S/o Ajit Yadav, aged about 46 years, R/o Village Baanaa, Police Station Urla, District Raipur (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through: through Station House Officer, Police Station Urla, District Raipur (C.G.) ---- Non-applicant For Applicant:

Mr. N.S. Dhurandhar,, Advocate.

For Respondent/State:

Mr. Qamrul Aziz, Panel Lawyer.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 0 4 /0 8 /2015 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. 55/2015 registered at Police Station - Urla, District - Raipur for the offences punishable under Sections 302, 307, 323, 147,148, 294 & 506B of the Indian Penal Code. (2) Case of the prosecution is that on 6.3.2015 applicant and seven other co-accused persons have murdered one Daneshwar and also caused grievous injuries to one Tribhuvan, which were sufficient to cause his death.

(3) Learned counsel for the applicant submits that the

applicant has not committed any offence and he has falsely been implicated in the offence in question as no weapon has been recovered from the possession of the applicant and he is only alleged to have assaulted the victim by hand & fist and, as such, the applicant is in jail since 07.03.2015 and the charge sheet has already been filed and, therefore, the applicant may be released on bail.

(4) Taking into consideration the facts & circumstances of the case; further considering the statement of victim Tribhuvan and memorandum statement of Ankit Singh; and the other material collected by the prosecution against the applicant; I am not inclined to release the applicant on bail. Thus, the bail application is rejected.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-