High Court Of ChhattisgarhMCRC/7542/2016dismissed

Dalpati Singh v. State Of Chhattisgarh

2017-02-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7542 of 2016 • Dalpati Singh S/o Bhola Singh Gond Aged About 26 Years R/o. Village Baijanpat, Police Station Biharpur, District Surajpur Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh through : The Station House Officer, Police Station Raghunathpur, District Balrampur Chhattisgarh - Respondent For the applicant :

Mr. Atanu Ghosh, Advocate For the Respondent :

Ms. Sunita Jain, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board 15.02.2017

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. 43/2015 registered at P.S. Raghunathpur, Distt. Balrampur (C.G) for the offence punishable under Sections 147, 148, 149, 342, 363, 386, 395, 458, 506 (Part I) IPC.

2. As per the prosecution case on 16.08.2015, the applicant along-with other accused who are said to be the members of out-lawed Communist Party of Maoist forcibly entered into the house and abducted complainant Vijay Raj Bahadur and took him to a forest where they looted one mobile and demanded certain amount as ransom.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated; no evidence is existing against the present applicant and out of 20 witnesses, 7 witnesses have only been examined. He further submits that the charge sheet has been filed; the applicant is in jail since

10.09.2015 and the trial will take time, therefore, the applicant may be enlarged on bail.

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

5. Perused the case diary documents and the report. The report would show that out of 20 witnesses, 7 have already been examined and 11 witnesses remained, out of that bailable warrants were issued to 3 witnesses and summons have been issued to 8 witnesses. Considering the stage of trial, considerable progress appears to have been taken place, therefore, I am not inclined to entertain this bail application at this stage. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE R a o