High Court Of ChhattisgarhMCRC/7657/2020allowed

Rajesh Mahanand v. State Of Chhattisgarh

2021-01-15Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 7657 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7657 of 2020

1. Rajesh Mahanand, S/o Shri Daras Mahanand, aged about 25 years, R/o Chhoti Line, Shashi Mandir Pandari, PS Civil Lines, Raipur (CG) Present Resident BSUP Colony, Kathadih, PS Mujgahan, Tahsil and District Raipur (CG) ---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate, Raipur (CG) ---- Non-Applicant For Applicant : Shri Badruddin Khan, Advocate.

For Non-Applicant : Shri Rajendra Tripathi, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 15/01/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.23/2020 registered in Police Station Mujgahan Sejbehar, District Raipur for offence under Section 302/34 of the IPC.

2. The applicant along with co-accused Mohsin, Prem & Aadang assaulted the deceased by hands and fists on or about 17.1.2020 due to which he sustained injuries and was taken to Bengali quack on 18.1.2020. The deceased succumbed to the injuries on 19.1.2020. Cause of death is asphyxia due to neck compression.

MCRC No. 7657 of 2020

3. It is said that the accused persons assaulted the deceased as they suspected him to be involved in the theft of goat. There is no eyewitness to the crime. The only evidence is of oral dying declaration made to the Constable Ashwini Kumar Kurrey. His mother Sheetal Dhruv was first examined by the police on 20.1.2020, but she did not reveal anything against the applicant. In her subsequent diary statement dated 20th March, 2020, she disclosed that the present applicant and co-accused persons are involved in committing offence, as was informed to her by the deceased.

4. Considering the quality of evidence against the applicant and for the fact that he is in jail since 1.5.2020 and charge sheet has already been filed, 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