Santuram Burman v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8745 of 2021 • Santuram Burman S/o Gautam Ram Barman Aged About 37 Years R/o Village Raniganj, Police Chouki- Mohara, Police Station Dongarghar, District- Rajnandgaon, Chhattisgarh., ---- Applicant

Versus

• State Of Chhattisgarh Through Polie Station- Dongargah, District- Rajnandgaon, Chhattisgarh.

---- Respondent MCRC No. 9276 of 2021 • Leeja Khelkar @ Pappu W/o Late Amarlal Khelkar Aged About 28 Years R/o Ravidas Motipur Rajnandgaon District Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through - Police Station, Dongargarh District Rajnandgaon Chhattisgarh ---- Respondent For Applicants : Shri Devershi Thakur and Shri Sumit Singh, Advocates respecitvely.

For Respondent /State : Shri Devendra Pratap Singh, Dy.AG Hon'ble Smt. Justice Rajani Dubey Order On Board 16/12/2021 As both these M.Cr.Cs. arise out of the same crime number, they are being disposed of by this common order.

The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No.319/2021 registered at police station Dongargarh, District Rajnandgaon (CG) for the offence punishable under Sections 302,201,120-B,34 IPC. Case of the prosecution in brief is that one Bholaram has informed at police station on 10.06.2021 that when he has gone to graze goats in the jungle, he saw the body of deceased lying near the drain which was decomposed. Based on this information, report was lodged and after investigation, the applicants were arrested. Counsel for the applicants submits that the applicants have been falsely implicated in the case. It is submitted that nothing has been seized from the applicants. It is also submitted that nothing incriminating was found against the appellants. It is further submitted that the applicants are in jail since 16.06.2021; the charge sheet has been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

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

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their applications filed under Section 439 of the Code of Criminal Procedure are allowed.

It is directed that in the event of applicants' furnishing a personal bond in the sum of Rs. 25,000/- with one surety each, for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna