Akalesh Singh v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7909 of 2020

1. Akalesh Singh S/o Shyam Singh, Aged About 28 Years R/o Village Maharajganj, Presently Residing At Village Kanda, Police Station Balrampur, District Balrampur - Ramanujganj Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh, Through - Station House Officer Police Station - Pasta, District Balrampur - Ramanujganj Chhattisgarh ---- Respondent For Applicant Mr. Arun Shukla, Advocate For Respondent /State Mr. Arjit Tiwari, Panel Lawyer Hon'ble Mr. Justice Prashant Kumar Mishra Order on Board 28/1/2021 1.

Heard.

2.

The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of bail as he has been arrested in connection with Crime No.65/2019, registered at Police Station Pasta, District Balrampur-Ramanujganj (CG), for the offence under Sections 302 & 201/34 of the Indian Penal Code. 3.

As per the prosecution case the deceased Devsay was found lying unconscious in the agricultural fields near Kanda School, Pasta, District Balrampur-Ramanujganj. In course of merg enquiry co-accused Rampratap Sao Gupta was taken into custody and his

memorandum statement was recorded wherein he revealed that he along with co-accused Dhanukdhari Yadav and the present applicant have made the deceased to consume poison mixed country made liquor and thereafter, the deceased fell down unconscious and later on succumbed to death.

4.

Learned counsel for the State would oppose the bail application.

5.

Admittedly, co-accused Rampratap Sao Gupta has been released on bail in M.Cr.C.No.3178 of 2020 whereas Dhanukdhari Yadav has been released on bail in M.Cr.C.No.1579 of 2020. Case of the present applicant is more or less similar to the case of released accused persons.

6.

In view of the above facts and circumstances of the case and also considering the fact that the applicant is in detention since 24-11-2019, I am of the opinion that present is a fit case to release the applicant on regular bail.

7.

Accordingly, the bail 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 in 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. 8.

Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge Gowri