High Court Of ChhattisgarhMCRC/9674/2018rejected

Pitambar Sahu v. State Of Chhattisgarh

2019-01-15Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9674 of 2018 Pitambar Sahu S/o Hinchharam Sahu Aged About 19 Years R/o Village Dhour Police Station Jamul District Durg Chhattisgarh., District : Durg, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh District Magistrate Durg ,district Durg Chhattisgarh., District : Durg, Chhattisgarh. ---- Respondent For the Applicant :

Shri H. B. Agrawal, Sr. Advocate with Ms.

Prabha Sharma, Advocate For the State :

Shri Wasim Miyan, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.313/2018 registered at Police Station Purani Bhilai, District Durg (C.G.) for the offence punishable under Section 302, 201 of IPC.

3. Case of the prosecution, in brief is that on 18/08/2018 between 19.30 to 20 hours deceased Bhaskar Sahu was killed. On the memorandum of applicant one blood like stained knife, one blood like stained full paint, one blood like stained shirt were also seized from him. He had made the confession before the Mayank Hirwani and Mahesh Dhiwar.

4. Learned counsel for the applicant submits that he has innocent and falsely implicated in the present case.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Counsel for the applicant further submitted that charge-sheet has been filed, applicant is student of Polytechnic, thus he may be released on bail.

7. Looking to the facts and circumstances of the case, looking to the seriousness of the alleged offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected. Sd/- (Sharad Kumar Gupta) Judge Kamde