Sukhsay v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 1468 of 2017 Sukhsay, S/o. Dalsay Bargah, aged about 22 years, R/o. Pawanpur, Khutharpara, Police Station - Ramanujnagar, District - Surajpur (C.G.). ----Applicant

Versus

State Of Chhattisgarh, Through : Station House Officer, Police of Police Station - Ramanujnagar, District- Surajpur, Chhattisgarh. ---- Respondent For Applicant :

Mr. Anil Gulati, Advocate For Respondent/State :

Mr. Anil S. Pandey, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 21/03/2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.225/2016, registered at Police Station - Ramanujnagar, District - Surajpur (C.G.) for the offence punishable under Section 302, 201 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that on 31.10.2016, the deceased Ram Prasad when refused to give chicken, the applicant assaulted Ram Prasad, who is grand-father of the applicant by way of club, hand and fist, therefore, he died.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and it was natural death and as a result of ordinary scuffle, the deceased fell down and he died, therefore, the applicant may be enlarged on bail.

Page No.2 4.

On the other hand, learned counsel for the State opposes the bail application.

5.

I have heard learned counsel appearing for the parties. 6.

Perused the statement of Dalsai and Naval Singh, wherein extra judicial confession have been made. Taking into such statement and the facts and circumstances of the case, I am not inclined to release the applicant on bail.

7.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Balram