Sonaru Kawasi & Others. v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR

1. Sonaru Kawasi S/o Sukko Kawasi Aged About 20 Years

2. Ludru Sodhi S/o Sannu Sodhi Aged About 35 Years

3. Sudru Veko S/o Manglu Veko Aged About 22 Years

4. Sukko Kawasi S/o Kumma Kawasi Aged About 30 Years

5. Jairam Kawasi S/o Payaku Kawasi Aged About 22 Years All are R/o Buccha Para Javanga Thana Geedam District - Dantewada Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh, Through Thana Geedam District Dantewada Chhattisgarh ---- Respondent For Applicant Mr. Vikash A. Shrivastava, Advocate For Respondent/State Mr. Ravish Verma, Government Advocate SB.: Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 15/12/2020

1. Heard.

2. This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.37/2018 registered at Police Station Geedam, District Dantewada (CG) for the offence punishable under Section 302 of the IPC.

3. The applicants have allegedly committed murder of Suklu Sodhi during the intervening night of 22nd and 23rd of June 2018. As per the prosecution case, the deceased and his family members had gone to witness "Jatra" at village Dolepara during the fateful intervening night. The deceased consumed liquor in the company of the present applicants and later on, in the next morning, his dead body was found beneath a Mahua tree. PW-3 Manglu saw the dead body of his father (deceased), however, the culprits were not known. It is alleged that during the Panchayat meeting in the village, the accused made extra judicial confession. Almost all the material witnesses to the extra judicial confession have been examined and they have not supported the case of the prosecution. Their depositions have been filed along with the bail application.

4. Learned counsel for the State opposes the bail application.

5. The applicants are in jail since 24.6.2018 i.e. for nearly 2 1⁄2 years. Therefore, considering the quality of evidence and length of pre-trial detention, I am inclined to release the applicants on regular bail.

6. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them furnishing a personal bond for a sum of Rs.50,000/- with one surety each in the like amount 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.

7. Certified copy as per rules. Sd/- (Prashant Kumar Mishra) Judge Shyna