Avinash Kindo v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7369 of 2020

1. Avinash Kindo, S/o late Harman Kindo, aged about 25 years, R/o SECL Colony (nearby State Bank) Baikunthpur, District Koriya (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police of Police station Baikunthpur, District Koriya (CG) ---- Non-Applicant For Applicant : Shri PK Tulsyan on behalf of Shri Anil Gulati, Advocate. For Non-Applicant : Shri Ravish Verma, Govt. Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 09/12/2020 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.140/2020 registered in Police Station Baikunthpur, District Koriya for offence under Section 457, 380 and 302/34 of the IPC.

2. The applicant and co-accused Sanjay Jivan Kujur have allegedly committed house trespass, committed theft of cash and also committed murder of deceased Phoolbaniya Bai during the intervening night of 4th/5th June, 2020.

3. Admittedly, there is no eyewitness to the crime. There is no witness of last seen together or extra judicial confession. The applicant has

been arrested, as in course of investigation, the sniffer dog pointed to the place of residence of the applicant and co-accused Sanjay. Thereafter memorandum statement of both the accused persons were recorded.

4. Considering the quality of evidence and for the fact that charge sheet has already been filed, as the applicant is in jail since 7.6.2020, I am inclined to release the applicant on bail.

5. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Judge (Prashant Kumar Mishra) Barve