Nanu @ Narayan Behra v. State Of Chhattisgarh,

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5129 of 2018 • Nanu @ Narayan Behra S/o Goutam Behra Aged About 21 Years R/o Bandhwapara Raipur, Police Station Purani Basti Raipur, District Raipur, Chhattisgarh. Mobile No. 9827185539, District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station City Kotwali Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Y.C. Sharma, Advocate.

For Respondent :

Mrs. Smita Ghai, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 09/08/2018

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.97/2017 registered at Police Station- City Kotwali, District- Raipur(C.G.) for the offence punishable under Sections 363, 302 & 201/34 of Indian Penal Code.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in jail since 12.2.2018. No case is made out against him. Applicant is neither a participant in the commission of offence of abduction, murder or

Page No.2 disposal of the dead body of the deceased. Hence, it is prayed that applicant be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that he has committed a furtherance of common intension in the commission of crime in question.

4. Heard both the parties and perused the case diary.

5. The case against this applicant is this, that deceased Yamini was picked up from the spot by main accused Sahil @ Sahil Vishwakarma and this applicant. All of them had gone to a place on motorcycle where this applicant got down thereafter the main accused took the deceased inside the jungle and committed her murder. This applicant was informed by the main accused, after the murder of deceased was committed. Hence, this case.

6. Considered on the entire material present in the case diary, looking to the role of this applicant in the alleged commission of offence, I am of this view that this is a fit case where applicant should be released on regular bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha

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