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High Court Of ChhattisgarhMCRC/8221/2018rejected

Ranjit Singh Rajput v. State Of Chhattisgarh

2018-12-04Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8221 of 2018 • Ranjit Singh Rajput S/o Janeshwar Singh Aged About 20 Years R/o Madhubana, Police Station Pipra, District Palamu Jharkhand, District : Palamu, Jharkhand ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Rajpur District Balrampur-Ramanujganj Chhattisgarh, District : Balrampur, Chhattisgarh ---- Non-applicant For Applicant : Shri D.K. Vishwakarma, Advocate.

For Non-applicant : Shri Ashok Swarnkar, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 04.12.2018 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with crime No. 44/2018 registered at Police Station - Rajpur District BalrampurRamanujganj (C.G.) for the offence punishable under Sections 302, 397 of the Indian Penal Code.

3. Case of the prosecution, in brief is that on 20.3.2018 deceased Bhukhan Lal Yadav who was the driver of Truck bearing registration number CG-06-GK-9997 and helperapplicant had gone to Mahant-II Mine Balrampur to load the coal. Thereafter, owner of the truck tried to call phone to the deceased and applicant but the mobiles of both were switched off. Thereafter, the dead body of the deceased was found in the cabin of the said truck in the mine. On the memorandum of the applicant one mobile was seized from him.

4. Learned counsel for the applicant argued that applicant the applicant has no criminal background, he is innocent, therefore, he shall be released on bail. 5.

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

6. Counsel for the applicant further submitted that earlier quarrel happened between the applicant and the owner of the truck, thus applicant has been falsely implicated in the case.

7.

Looking to the facts and circumstances of the case, looking to the fact that in the truck only two persons were present; one deceased and another the applicant, looking to the seriousness of the offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore