Govind Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6034 of 2016 Govind Sahu, S/o. Dhanpat Sahu, Aged About 40 Years, R/o. Village Ranijarod, Police Station - Suhela, District Baloda Bazar, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through it's Police Station- Suhela, District- Baloda Bazar - Bhatapara, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. B.L.Sahu, Advocate For Respondent :

Mr. Neeraj Sharma, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 03.10.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.147/2015 registered at Police Station- Suhela, Civil & Revenue District Balodabazar (C.G.) for the offence punishable under Section 302, 201 & 120-B of Indian Penal Code.

2.

As per the prosecution case, one Sukhiya Sahu died on 07.11.2015 and the applicant who is Grandson of said Sukhiya Sahu had a dispute over the distribution of land and as such on 07.11.2015 one Roshan Sahu along-with the present applicant committed murder of Sukhiya Sahu and threw the dead body in the pond and on the next day one Footru Sahu reported the matter that the dead body was floating in the pond.

3.

Learned counsel for the applicant would submit that the main accused Roshan Sahu has been enlarged on bail by this Court in MCRC No.4966 of 2016 on 30.08.2016 and against the present

applicant only allegation is that he has caused disappearance of the evidence; therefore, he may also be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail, however, he do not dispute the fact that the other co-accused Roshan Sahu has been enlarged on bail.

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case and also the fact that the other coaccused has been enlarged on bail on 30.08.2016 in MCRC No. 4966 of 2016, I am inclined to release the applicant on bail. 6.

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

7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok