High Court Of ChhattisgarhMCRC/8747/2018disposed off

Ajay Singh And ANR. v. State Of Chhattisgarh

2019-01-21Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8747 of 2018 1.

Ajay Singh S/o Manbodh Singh Aged About 21 Years Caste Gond, R/o Village Schoolpara And Loharpara Chodhada, Police Station And Tahsil Manendragarh, District- Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 2.

Anil Singh S/o Dhur Prasad Aged About 22 Years Caste Gond, R/o Village Schoolpara And Loharpara Chodhada, Police Station And Tahsil Manendragarh, District- Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Manendragarh, District- Korea, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh ---- Non-applicant For Applicants : Shri P.K. Patel, Advocate.

For Non-applicant : Shri Washim MIyan, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 21.01.2019 1.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicants 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. 149/2018 registered at Police Station - Manendragarh, District- Korea (C.G.) for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code.

3. Case of the prosecution, in brief is that on 14.05.2018 at about 5 am at near the railway overbridge, Manendragarh deceased Jagdish was found in injured condition. When it was asked to him who has beaten him, then he stated applicant No. 1 and others, thereafter he succumbed on the spot. On the memorandum of the applicant No. 2 Anil Singh one club of Ipomoea carnea (Beshram shrub) was seized from him on one end of which blood like stains were present.

4. Learned counsel for the applicants argued that they are innocent and have been falsely implicated in the present case, therefore, they shall be released on bail. 5.

On the other hand, learned counsel for the State opposes the bail application. 6.

Looking to the facts and circumstances of the case, looking to the seriousness of the offence, looking to the impact of granting bail to the applicants on society, the present bail application is rejected.

7. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore