High Court Of ChhattisgarhMCRC/6170/2016dismissed

Rajnath Singh v. State Of Chhattisgarh

2016-10-05Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6170 of 2016 • Rajnath Singh S/o Ramlakhan Aged About 35 Years R/o Village Lodha, Police Station Ramchandrapur, Balrampur, Civil District Balrampur, Revenue District Sarguja, Ambikapur, Chhattisgarh. ---- Petitioner

Versus

• State of Chhattisgarh Through Station House Officer, Ramchandrapur, District Balrampur, Chhattisgarh.

---- Respondent For the applicant :

Mr. C. J. K. Rao, Advocate For the Respondent :

Mr. Neeraj Sharma, Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 05.10.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 10 of 2016 registered at P.S. Ramchandrapur, Distt. Balrampur (C.G) for the offence punishable under Section 302/34 IPC.

2. As per the prosecution case, the applicant along-with one coaccused Ram Das Vishwakarma committed murder of one Urmila Bai as Urmila had relations with other co-accused Ram Das and she used to recover the money. Consequently the other accused Ramdas hired the present applicant and both of them wanted to kill the deceased initially by electric shock but when the electric shock failed the death was caused by assaulting on her head by way of stone.

3. Learned counsel for the applicant submits that there is no evidence against the applicant to connect him with the crime and the main allegations are against co-accused Ram Das

and only on the memorandum of co-accused, the applicant has been arrested, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the evidence. The fact discovered is that when the plan to kill the deceased by electric shock by using a G.I. wire is failed, subsequently the deceased was killed by a stone. The G.I. wire was recovered at the behest of the applicant. Considering the revelation of such facts, I am not inclined to allow this bail application. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE R a o