Guddu @ Ramesh Vishwakarma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1653 of 2017 Guddu @ Ramesh Vishwakarma S/o Sarju Vishwakarma, Aged About 25 Years R/o Chorkakachhar, Opp. Sanjay Park Takiya, Police Station & Tahsil- Ambikapur, Distirct Surguja, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through, Station House Officer, Police Station- Kotwali Ambikapur, District-Surguja, Chhattisgarh. ---- Respondent For applicant - Shri Wasim Miyan, Advocate.

For Respondent/State - Shri Neeraj Mehta, PL. Hon'ble Shri Justice Goutam Bhaduri Order 23/03/2017 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.759/2016 registered in Police Station -Kotwali, Ambikapur, District Surguja (CG) for offence punishable under sections 302, 201/34 of Indian Penal Code. 2.

As per the prosecution case, one Karma Dev was murdered on 29/10/2016. It is alleged that Akhilesh and Ramesh Dewangan had monetary dispute with the deceased and over such dispute Karma Dev was killed by throttling by way of screw driver on his neck by Akhilesh and Ramesh Dewangan. Thereafter, Rs.1500/- and mobile was taken from the pocket of deceased and mobile was given to Usha wife of Akhilesh. It is alleged that wife Usha to whom mobile was given along with applicant Guddu had thrown the mobile in to the pond.

3.

Learned counsel for the applicant submits that there is no evidence against the applicant and only allegation of making disapperance of the evidence is against the applicant, however mobile which was seized do

not belong to the deceased, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Considering the facts and circumstances of the case, nature of allegation against the applicant and disappearance of the evidence is mainly attributed to the applicant, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Sd/- (Goutam Bhaduri) JUDGE gouri