Ajay Nageshiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.7456 of 2018 Ajay Nageshiya S/o Nandpal Nageshiya, aged about 19 years, R/o Kerapath, P.S. Samripath, District-Balrampur-Ramanujganj (CG) ---Applicant

Versus

State of Chhattisgarh, Through Police Station-Samripath, District-BalrampurRamanujganj (CG) ---Non-Applicant For Applicant :

Mr.Pramod Shrivastava, Advocate For Non-Applicant :

Mr.Adi Raj Surana, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 31/10/2018 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.8/2018, registered at Police StationSamripath, District-Balrampur-Ramanujganj (CG), for the offence punishable under Sections 302 and 376 of the IPC.

2.

Case of the prosecution, in brief, is that the applicant firstly committed sexual intercourse with the prosecutrix and thereafter murdered her. 3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He would further submit that the prosecution has not collected any evidence against the present applicant to connect him in crime in question, he is in jail since 24.3.2018 and charge-sheet has been filed. 4.

On the other hand, learned Deputy Government Advocate for the State would oppose the bail application.

5.

I have heard learned counsel for the parties and perused the case

diary.

6.

Taking into consideration the facts and circumstances of the case, nature and gravity of the offence and the manner in which the applicant firstly committed intercourse with the prosecutrix and thereafter murdered her, I do not find any ground to entertain this bail application. Accordingly, the bail application is rejected.

Sd/- (Sanjay K. Agrawal) JUDGE B/-