Mohit Jangde v. State Of Chhattisgarh

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 5175 of 2016

1. Mohit Jangde, aged about 35 years, S/o. Sakhanlal Jangde, R/o. Village-Tarponga, P.S. - Simga, District - Baloda - BazarBhatapara (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : S.H.O. - Simga, District -Baloda Bazar- Bhatapara (C.G.) ---- Respondent For Applicant : Mr. Hemant Gupta, Advocate For Respondent/State : Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 05/09/2016 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.70/2016, registered at Police Station - Simga, District - Baloda - Bazar - Bhatapara (C.G.) for the offence punishable under Section 302, 201 of Indian Penal Code and Section 25 of Arms Act. 2.

As per prosecution case, on 23.03.2016 one Sakharam was murdered. Subsequently it was revealed that the applicant has committed murder of Sakharam on the ground that he used to switch of the electricity while his wife was in the company of others and doubting the character of his wife Smt. Parvati Jangade. Thereby the offence has been committed.

Page No.2 3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no evidence is available against the applicant and the recovery has been made in the second attempt and statement of the Sukhiram would also show that false allegation have been attributed against this applicant. Therefore, the counsel prays that the applicant may be enlarged on bail.

4.

On the other hand, learned counsel for the State opposes the bail application and would submit that extra judicial confession has been made by the applicant before his wife, Parvati Jangde, therefore, the applicant may not be released on bail.

5.

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

Perused the case diary, documents and statement of Parvati Jangade. Considering her statement, I am not inclined to release the applicant on bail.

7.

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

Sd/- (Goutam Bhaduri) Judge Balram