High Court Of ChhattisgarhMCRC/2667/2015dismissed

Anil Singh v. State Of Chhattisgarh

2015-07-13Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2667 of 2015 Anil Singh, S/o. Shri Virendra Singh, aged about 29 years, R/o. Village Padhiya, Police Station Rampur Baghelan, District Satna (M.P.).

---- Applicant

Versus

State of Chhattisgarh, through the Station House Officer, Police Station Gudhiyari, District Raipur (C.G.) ---- Non-applicant For Applicant : Shri Kashif Shakeel, Advocate For Non-applicant : Shri Neeraj Jain, Govt. Advocate for the State. Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 13/07/2015 Heard.

(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 on 18.02.2015 in connection with Crime No.63/2015, registered at Police Station Gudhiyari, District Raipur, for the offence punishable under Sections 302 & 201 of the Indian Penal Code.

(2) Case of the prosecution, in brief, is that applicant is alleged to have electrocuted deceased Pushpraj Singh on 05.02.2015 and, thereby, committed aforesaid offence.

(3) Learned counsel appearing for the applicant submits that the applicant has been falsely implicated in the crime in question as he is nothing to do with the same. He further submits that applicant is in jail since 18.02.2015; and the charge-sheet has already been filed and therefore, the applicant may be released on bail. (4) On the other hand, learned State counsel opposes the bail application.

(5) After hearing learned counsel for the parties and taking into consideration the facts & circumstances of the case; and looking to the nature & gravity of the offence, material collected by the prosecution and evidence available on record including the statement of Gouri Dhruv, prosecution witness and the manner in which, the deceased is alleged to have been electrocuted by the applicant, I am not inclined to release the applicant on regular bail.

(6) Accordingly, the bail application filed under Section 439 of the Cr.P.C. is dismissed.

Certified copy as per rules.

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