Gurunarayan Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6255 of 2019 • Gurunarayan Sahu S/o Mohan Lal Sahu Aged About 59 Years, R/o Village Kara, Post Urla, Police Station Urla, District - Raipur Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : District Magistrate, Durg District Durg, Chhattisgarh.

---- Respondent For Applicant :

Mr. B. P. Singh, Adv.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 22.11.2019

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 160/2019 registered at Police Station Nandani Nagar, District-Durg (C.G.) for the offence punishable under Sections 302, 201 and 120-B of the IPC.

2. The prosecution story, in brief is that, an information was received by the police about the dead bodies at Girhola pull, after investigation it was found that both the deceased were owner of the property of Rs. 35,18,220/-, and to take that property, the nephew of the deceased has conspired to the murder. During investigation it was also found that the murder took place in the farm of the present applicant. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question.

He further submits that there is no seizure witnesses against the present applicant and the applicant is in jail since 04.06.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that there is no seizure witnesses against the present applicant and the applicant is in jail since 04.06.2019 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu