Sarv Das v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7840 of 2018 Sarv Das S/o Sachin Das Aged About 28 Years R/o Village P. V. 118 Ratanpur, P. S. Pakhanjur, District North Bastar Kanker Chhattisgarh, ---- Applicant

Versus

State Of Chhattisgarh Through P. S. Pakhanjoor, District North Bastar Kanker Chhattisgarh ---- Respondent For applicant - Shri P.K. Tulsiyan, Advocate. For Respondent/State -Shri Aditya Sharma, PL. Hon'ble Shri Justice Goutam Bhaduri Order 31/10/2018 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.45/2018 registered in Police Station Pakhanjoor, District Kanker for offence punishable under sections 302, 201 and 34 of IPC.

2.

As per the prosecution case, a report was made that the applicant alongwith other co-accused namely Sahdev has committed murder of one Padmavati. Padmavati was relative of Sahdev and she was strangulated to death.

3.

Learned counsel for the applicant submits that main allegation of committing murder is on Sahdev, the only allegation that the vehicle of the applicant was used and maximum the allegation of eliminating the evidence may be clamped, therefore the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of the complainant Thakur Goldar. Main

allegation of murder appears to be against other co-accused Sahdev. Taking into role played by the applicant, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri