High Court Of ChhattisgarhMCRC/7393/2020rejected

Anil Kumar Bhagat v. State Of Chhattisgarh

2020-12-10Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 7393 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7393 of 2020 Anil Kumar Bhagat S/o Ramprasad Ram Aged About 29 Years R/o Village Jilling, Tehsil And District Jashpur Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer Police Station City Kotwali, Tehsil And District Jashpur Chhattisgarh. ---- Non-Applicant For Applicant : Shri Anshul Tiwari, Advocate.

For Non-Applicant : Shri HS Ahluwalia, Deputy AG. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 10/12/2020 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.175/2019 registered in Police Station City Kotwali, District Jashpur for offence under Section 302 and 201/34 of the IPC and Section 4 & 5 of the Chhattisgarh Tonhi Pratadna Nivaran Adhiniyam, 2005.

2. The applicant and two other accused persons have allegedly committed murder of deceased Chhandni Bai and thereafter thrown the dead body in a dam and when the dead body started floating, the same was buried at a nearby place. On suspicion, the applicant was arrested and on his memorandum statement the dead body was recovered. Two accused

MCRC No. 7393 of 2020 persons who have been released on bail by the coordinate Bench of this Court in MCRC No.4550/2020 were arrested on the basis of memorandum statement of the present applicant.

3. Learned counsel for the applicant would submit that except for the memorandum statement of the applicant, there is no other evidence against him. He would submit that the witnesses so far examined before the trial Court have not made any statement against the applicant.

4. Having seen the material available in the case diary, it appears, the dead body has been recovered at the instance of the present applicant, which was not lying in an open place, but it was buried in the nearby place.

5. Considering the quality of evidence, I am not inclined to release the applicant on bail. Accordingly, the application is rejected. Sd/- Judge (Prashant Kumar Mishra) Barve