Dayanidhi Bhoi And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4502 of 2019

1. Dayanidhi Bhoi S/o Harishchandra Bhoi Aged About 29 Years R/o Village Kamarga, Tahsil Lailunga, District Raigarh, Chhattisgarh.

2. Amit Rathiya S/o Kriparam Rathiya Aged About 22 Years R/o Village Jhagarpur, Tahsil Lailunga, District Raigarh, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through Thana In Charge, Gharghoda, District Raigarh, Chhattisgarh.

---- Respondent For Applicant : Shri Rajendra Tripathi, Advocate For Respondent/State : Smt. Smita Ghai, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 11/09/2019

1. As directed by this Court, explanation of Shri Rajesh Mishra, A.S.I., Police Station - Gharghoda, District - Raigarh, (C.G.) has been submitted today. Perused the explanation and case diary. Both accused persons were arrested on 05.06.2019 and their Test Identification Parade has been conducted on 03.09.2019 i.e. after almost three months from the date of arrest. Moreover, explanation submitted by Shri Rajesh Mishra, A.S.I, in this regard is also not proper. From the above mentioned facts, it appears that there was some negligency on his part.

2. In the above circumstance, concerned Superintendent of Police is

directed to take suitable action against the Investigating Officer of the case i.e. Shri Rajesh Mishra, A.S.I.

3. Heard the bail application.

4. After arguing for some length, learned Counsel appearing on behalf of the Applicants submits that he wants to withdraw the application with liberty to revive the same after three months.

5. In view of the above submission, the instant application is dismissed as withdrawn with the aforesaid liberty.

Sd/- (Arvind Singh Chandel) Judge Prakash