Rajat Lonia @ Tigu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3867 of 2015 Rajat Lonia @ Tigu S/o Shri Lav Kumar Lonia, Age 19 Yrs.(Approxi), Resident-Village-Lonia Para, Ghutaku Post Office-Ghutaku, Police StationKoni, Tah & District Bilaspur (CG) ---Applicant

Versus

The State of Chhattisgarh through P.S. Chakarbhata, Bilaspur (CG) ---Non-applicant For Applicant :

Mr. K.R.Lonia, Advocate For Non-applicant :

Mr.Anupam Dubey, Dy.Govt.Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 10/08/2015 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.19/2015, registered at Police Station-Chakarbhatha, Distt.Bilaspur (C.G.), for the offence punishable under Sections 302, 459 and 120B/34 of the IPC.

2.

Case of the prosecution, in brief, is that the applicant and four other co-accused persons are alleged to have murdered Annu Shukla on 20.1.2015 and thereby committed the aforesaid offence.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has been falsely implicated in crime in question. There are serious contradictions between memorandum and seizure. Learned counsel would further submit that in the present case, neither there is any eyewitness nor any circumstantial evidence to connect

the applicant in crime in question.

4.

On the other hand, learned State counsel would oppose the bail application and submit that the present applicant caught hold the deceased and co-accused Chiranjit Mandal caused stab injury. 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 role of the present applicant in murder of 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. However, the trial Court is directed to expedite the trial and conclude the same as early as possible.

8.

Certified copy as per rules.

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