High Court Of ChhattisgarhMCRC/5352/2017allowed

Bal Mukund Shrivas v. State Of Chhattisgarh

2017-11-27Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5224 of 2017 • Narayan Prasad S/o Baratu, Aged About 44 Years R/o Village Sendri, P. S. Pathariya, District Mungeli Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer Police Station Bilha, District Bilaspur (Chhattisgarh) ---- Non-Applicant And MCRC No. 5352 Of 2017 • Bal Mukund Shrivas S/o Son Singh, Aged About 42 Years R/o Rohra, Police Station Pathriya, District Mungeli Chhattisgarh. ---- Applicant Vs • State Of Chhattisgarh Through Police Station Bilha, District Bilaspur Chhattisgarh.

---- Non-Applicant For Applicants : Shri V.R. Tiwari and Shri Rajeev Kumar Dubey, Adv. For Non-Applicant : Shri Ashutosh Pandey, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/11/2017

1. The applicants have preferred these applications for grant of bail as they are arrested in connection with Crime No.39/2016 registered in Police

Station Bilha, District Bilaspur for offence under Sections 302, 201, 364 and 120-B/149 of the IPC.

2. Deceased Rohit Patre was taken by co-accused Pawan Gada in his motorcycle on 5.2.2016. Later on dead body of the deceased was recovered from the agricultural field on 6.2.2016. Written report was lodged by Hirendra Patre, son of deceased Rohit Patre naming Pawan as the person with whom the deceased was last seen together. The names of the present applicants are not mentioned in the FIR. From Bal Mukund, his motorcycle has been recovered pursuant to his disclosure statement. No recovery has been made from applicant Narayan Prasad. He has been arrested on the basis of memorandum statement of Bal Mukund in which he has disclosed that Narayan Prasad has paid him Rs.1 lakh for committing murder of the deceased.

3. Considering the nature of evidence against the present applicants, as also for the reason that they are in jail since 14.12.2016 & 24.12.2016 respectively and charge sheet has already been filed, this Court is inclined to release them on bail.

4. Accordingly, the applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- Judge (Prashant Kumar Mishra) Barve