Milan Singh Rathiya And ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.826 of 2016
1. Milan Singh Rathiya, S/o Shaniram Rathiya, aged about 23 years, Occupation Agriculturist and Labour,
2. Shani Ram Rathiya, S/o Budhau Ram Rathiya, aged about 45 years, Occupation Agriculturist, Both R/o Village Tumidih, Post Farkanara, Tahsil Kharsiya, District Raigarh (C.G.) ---- Applicants
Versus
State of Chhattisgarh, Through Station House Officer, Kharsia, Out Post Jobi, District Raigarh (C.G.) ---- Non-applicant For Applicants:
Mr. A.N. Bhakta, Advocate.
For Non-applicant:
Mr. Dheeraj Kumar Wankhede, Govt. Advocate.
Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 01/03/2016
1. 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.530/2015, registered at Police Out Post Jobi, Police Station Kharsiya, Distt. Raigarh for the offence punishable under Sections 302 and 323 read with Section 34 of the IPC.
2. Case of the prosecution, in brief, is that the applicants and one coaccused strangulated Hemlal on 6-11-2015 and thereby committed his murder.
3. Learned counsel for the applicant submits that the applicants have not committed any offence, they have been falsely implicated in the case and they are in custody since 9-11-2015. He further submits
that co-accused Rajendra Rathiya has been released on regular bail.
4. On the other hand, learned State counsel opposes the bail application and submits that statement of Vishnu Kumar Rathiya clearly indicates that the applicants have strangulated Hemlal.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, taking into consideration the nature and gravity of offence, role of the present applicants, taking into account the testimony of eyewitness Vishnu Kumar Rathiya and that the case of Rajendra Rathiya is distinguishable from the applicants, I am not inclined to grant bail to the applicants. Consequently, the application is rejected. Sd/- (Sanjay K. Agrawal) Judge Soma