Amin Say And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2549 of 2017

1. Amin Say S/o Prem Kujur, Aged About 30 Years

2. Shailesh Alias Sholey S/o. Ganpal Aged About 30 Years Both R/o Village Karcha Police Station Chando, District- Balrampur, Ramanujganj, Chhattisgarh.

---- Applicants

Versus

State Of Chhattisgarh Through Police Station - Chando, DistrictBalrampur Ramanujganj, Chhattisgarh. ---- Respondent For applicant Mr. A.K. Yadav, Adv.

For Respondent/State Mr. Neeraj Jain, GA Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 29-61. Heard finally.

2. The applicants have preferred this application for grant of bail as they are arrested on 4-11-2016 in connection with Crime No. 34/2016 registered in PS Chando, Civil Distt. Sarguja for offence punishable under Section 120-B of the Indian Penal Code, 1860.

3. Learned counsel for the applicants submits that after investigation charge sheet has been filed only against the present applicants. The main assailant is still not known who opened fire and murdered Ruben Khes, uncle of applicant No. 2. Both the applicants are prosecuted only on account of memorandum recorded and the seizure of motorcycle and mobile phone from applicant No. 1 and seizure of mobile from applicant No. 2. Allegation against them is that both the applicants on a criminal conspiracy arranged for a shooter from Jharkhand State and murdered Rupendra Khes, uncle of applicant No.

2. As the evidence collected against the applicants is a weak type of evidence, they are in custody since 4-11-2016, they may be enlarged

on bail.

4. Per contra, learned counsel for the State opposes the arguments advanced on behalf of the applicants.

5. Perused the material.

6. On due consideration of evidence collected against both the applicants regarding criminal conspiracy for murder of the deceased, I am not inclined to grant bail to the applicants.

7. Consequently the instant MCRC is dismissed. Sd/- (Chandra Bhushan Bajpai) Judge Pathak