Lokesh Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8416 of 2016 Lokesh Sahu S/o Radhelal Sahu Aged About 27 Years R/o Ward No. 19, Kabir Chowk, Ram Nagar, Police Station - Ram Nagar, Tahsil & District Raipur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate - Durg Chhattisgarh ---- Respondent For applicant - Shri P.R. Patankar, Advocate. For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 3/01/2017 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.57/2016 registered in Police Station Bori, Distt. Durg (C.G.) for offence punishable under sections 302, 201/34 of IPC.

2.

As per the prosecution case, one Gajadhar Patel went alongwith Suresh Sahu to Kumb Mela on 9/05/2016. He did not return therefore missing report was made on 15/06/2016 by wife of the deceased. Subsequently, in the intervening time on 18/05/2016 dead body of the deceased was found under the culvert on an investigation. Further it was identified on the basis of photograph by son of the deceased on 25/07/2016 and subsequently on enquiry it revealed that the applicant alongwith Suresh and Gajadhar were sleeping in the roof top of Rajesh. When deceased went along with Lokesh and Rajesh to consume liqour, some altercation took place and Lokesh and Rajesh committed murder of Gajadhar Patel.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case only on the memorandum statement of the applicant and Rajesh Sahu, there is no recovery has been made, therefore the applicant may be enlarged on bail. 4.

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

Perused the memorandum statement of the applicant. The call detail report is also been enclosed wherein the place of incident the mobile location of Rajesh has been shown near Patewa tower location where the alleged incident have happened at about 2.21 on 14th May, 2016. Taking into nature of allegation against the applicant, this court is not inclined to release the applicant on bail. 6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri