High Court Of ChhattisgarhMCRC/8323/2020allowed

Purshottam Dewangan @ Dadu v. State Of Chhattisgarh

2021-02-11Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRC No. 8323 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8323 of 2020 Purshottam Dewangan @ Dadu, S/o Radheyshyam Dewangan, aged about 19 years, R/o Bajrang Nagar, Near Kavita Kirana Store, Beergaon, Raipur, Police Station Urla, District Raipur (CG) ---- Applicant

Versus

State Of Chhattisgarh Through the Station House Officer, Police Station Urla, District Raipur (CG) ---- Non-Applicant For Applicant : Shri Shivendu Pandya, Advocate.

For Non-Applicant : Shri Alok Nigam, GA.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/02/2021 :-

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.566/2019 registered in Police Station Urla, District Raipur for offence under Sections 302, 201, 120B/34 of the IPC and under Section 25/27 of the Arms Act.

2. The deceased outraged the modesty of Neha Jogi, sister of co-accused Dipak Jogi. Because of this incident, Dipak Jogi wanted to take revenge, therefore, he hatched a conspiracy with co-accused Yuvraj Sahu and the present applicant and in furtherance thereof committed murder of the deceased Rupendra Dewangan during the period

MCRC No. 8323 of 2020 9.12.2019 to 10.12.2019.

3. Case of the prosecution is based on circumstantial evidence in the nature of memorandum statement of the present applicant and motive as stated by witness Neha Jogi. However, there is no evidence of last seen together or extra judicial confession.

4. Considering that the applicant is in jail since 11.12.2019 i.e. for more than 1 year & 2 months and conclusion of trial may take some more time, 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