← Library
High Court Of ChhattisgarhMCRC/7968/2018rejected

Madhav Yadav v. State Of Chhattisgarh

2018-11-12Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7106 of 2018 Ajay Yadav @ Konda S/o Shri Vedram Yadav Aged About 24 Years R/o Village - Kunjedabri, Out Post Jutemill, P.S. Kotwali, Tahsil And District - Raigarh, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer Of The Police Station Chakradhar Nagar, District - Raigarh, Chhattisgarh. ---- Respondent A N D MCRC No. 7968 of 2018 Madhav Yadav S/o Ruplal Yadav Aged About 25 Years R/o Kotmar, Police Station Chakradhar Nagar, District Raigarh Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Chakradhar Nagar, District Raigarh Chhattisgarh ---- Respondent For applicant Ajay Yadav @ Konda Mr. Abhishek Saraf, Adv.

For applicant Madhav Yadav Mr. Ashish Gupta, Adv.

For Respondent/State Mr. RK Pandey, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 12-111. As both the above MCRCs arise out of the same crime number of same police station, they are being disposed of by this common order.

2. These are first bail applications under Section 439 of the Cr.P.C. preferred by the applicants before this Court and their no bail application is pending before any other court.

3. The applicants have been arrested in connection with Crime No. 172/2018 registered in police station Chakradhar Nagar, Raigarh (CG) for offence punishable under Section 302, 201 of the IPC.

4. Prosecution story in brief is that on 24-5-2018, dead body of deceased Shyamlal Yadav and Manohar Rathiya were found near Sapnai canal and injuries were found on their body. On the memorandum of applicant Ajay Yadav @ Konda, one blood like stained T Shirt was seized from him, and on the memorandum of applicant Madhav Yadav, one blood like stained T shirt, one blood like stained axe and one motorcycle bearing registration No. CG 13 V 3695 were seized from him.

5. During investigation, it was found that 15 to 20 days ago, a quarrel happened between deceased Manohar Rathiya and applicant Madhav Yadav because applicant Madhav Yadav had doubt that deceased Manohar Rathiya leered at his wife.

6. Shri Rahul Mishra, Counsel for the applicant argued that the applicant is innocent and falsely implicated hence he may be released on bail.

7. On the other hand, the State Counsel opposed the bail application.

8. Looking to the facts and circumstances of the case, looking to the memo and seizure of the applicants, the bail applications of the applicants are rejected.

Sd/- (Sharad Kumar Gupta) Judge pathak