Ramadhin v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1255 of 2017 Ramadhin S/o Shri Tulsiram, Aged About 30 Years R/o Village Gorakhnathpur, Police Station Vishrampur, District- Surajpur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Vishrampur, District Surajpur, Chhattisgarh.

---- Respondent For applicant - Shri Bhupendra Singh, Advocate. For Respondent/State - Shri U.K.S. Chandel, PL. Hon'ble Shri Justice Goutam Bhaduri Order 8/03/2017 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 127/2016 registered in Police Station Vishrampur, District Surajpur (CG) for offence punishable under sections 302, 201, 34 of I.P.C.

2.

As per the prosecution case, in the intervening night of 7-8th June, 2016 the applicant along with other co-accused committed murder of Ganga Ram as there was previous enmity existing between the applicant Ramadhin, Ramsingh and others, therefore Ganga Ram was strangulated to death by way of scarf.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case, main accusation is on Ram Singh and the applicant has appeared after commission of the crime, therefore he cannot be inculpated in the case. He submits that case of the applicant is similar to that of Rajesh Singh who has been enlarged on bail vide M.Cr.C. No.7243 of 2016, therefore the applicant may be released on

bail.

4.

Learned State counsel opposes the prayer for grant of bail and would submit that case of the applicant is different to that of Rajesh Singh who has been enlarged on bail vide M.Cr.C. No.7243 of 2016. 5.

Perused the memorandum of Ram Singh as also statement of Bhuk Sai father of the deceased Ganga Ram which shows that the applicant was identified at about 3 am. Before incident happened it was seen by him also, then Ganga Ram had asked the applicant about what is the reason of his presence. Thereafter, facts suggest that Ganga Ram was murdered. Taking into such statement and memorandum, case of the applicant is different to that of Rajesh Singh who has been enlarged on bail. Considering the facts, this court is not inclined to release the applicant on bail.

6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri