High Court Of ChhattisgarhMCRC/6506/2020allowed

Purendra Verma And ANR. v. State Of Chhattisgarh

2020-12-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6506 of 2020

1. Purendra Verma S/o Lt. Chandulal Verma Aged About 45 Years R/o Vill-Khopli, Chowki Machandur, Thana-Utai, Thasil/dist.- Durg Chhattisgarh

2. Navin Chandrakar Alias Bhuru S/o Roshanlal, Aged About 20 Years R/o VillKhopli, Chowki Machandur, Thana-Utai, Thasil/dist.- Durg Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through District Magistrate, Durg, District - Durg Chhattisgarh ---- Respondent For Applicants :

Shri Tarendra Kumar Jha, Advocate For Respondent/State :

Shri Gagan Tiwari, GA Hon'ble Shri Justice Goutam Bhaduri Order 15/12/20

1. Heard.

2. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested on 28.07.2020 in connection with Crime No.223/2020 registered at Police Station Utai, District Durg (CG) for the offence punishable under Sections 302, 201, 34 IPC.

3. As per the prosecution case, on 26.07.2020 one Khuman Sahu, who is the husband of deceased Lokeshwari Sahu, along with his mother Rohini Sahu

killed the deceased Lokeshwari Sahu on the suspicion/doubt on her character. Thereafter, her body was hanged with a rope. Thereafter the applicants were called and they after cutting the rope got down the body and burnt the rope.

4. Learned counsel for the applicants submits that the allegation against the present applicants is only that they after cutting the rope got down the body and burnt the rope. He would further submit that the allegation against the present applicants would be only 201 IPC, therefore, the applicants may be released on bail.

5. Per contra, learned State counsel opposes the prayer for grant of bail and after going through the memorandum would submit that the main allegation against the applicants is attributed of Section 201 IPC.

6. Considering the nature of allegations as the primary allegation against the applicants is of Section 201 IPC, I am inclined to release the applicants on bail.

7. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.

SD/-Sd/- Goutam Bhaduri Judge Ashu