Thakur Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4107 OF 2015 Thakur Singh, S/o Kunti Singh, aged about 35 years, Caste-Gond, R/oVillage Amarpur, Bandhpara, Post Office & Police Station-Baikunthpur, District Koriya (CG) ---Applicant

Versus

State of Chhattisgarh through the Station House Officer, Police Station Baikunthpur, District Koriya (CG) ---Non-applicant For Applicant :

Mr. Shivendu Pandya, Advocate.

For-Non-applicant :

Mr. O.P.Sahu, Government Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 19/08/2015 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.63/2015, registered at Police Station-Baikunthpur, District Koriya (C.G.), for the offence punishable under Sections 302, 201 and 120B/34 of the IPC.

2.

Case of the prosecution, in brief, is that, the applicant and co-accused persons have allegedly strangulated deceased Rambai on 2.3.2015 and buried her dead body in secret place and thereby committed the aforesaid offence.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in the case. He would further submit that there are serious discrepancies in two statements of

Amar Singh and as such, the applicant is in jail since 10.3.2015 and chargesheet has been filed, therefore, he may be released on bail. 4.

Learned State counsel would oppose the prayer for grant of bail and submit that it is a case of brutal murder committed by the applicant and co-accused persons by strangulation and thereafter buried the dead body secretly.

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 the manner in which the deceased is said to have been strangulated and dead body was concealed by the applicant and co-accused persons, 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.

8.

Certified copy as per rules.

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