High Court Of ChhattisgarhMCRC/37/2019rejected

Mukesh Lodhi v. State Of Chhattisgarh

2019-03-08Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 37 of 2019 Mukesh Lodhi S/o Santram Lodhi Aged About 32 Years R/o Village House No. 76 ,dadaha ,police Station Chakarbhata ,tahsil Bilha District Bilaspur Civil And Revenue District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer ,police Station Chakarbhata District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh.

---- Respondent For the Applicant :

Shri Ashutosh Mishra, Advocate For the State :

Ms. Sangeeta Mishra, Govt. Adv.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /03/2019

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.263/2018 registered at Police Station Chakarbhata, District Bilaspur (C.G.) for the offence punishable under Section 302 and 201 of IPC.

3. Case of the prosecution, in brief is that on 29/09/2018 at about 7.30 a.m. the dead body of the deceased Narad Lodhi was found in Uraiha Pond in injured condition. As per the postmortem report the death of deceased was homicidal in nature. As per the statement of some witnesses they had seen that applicant, other co-accused, deceased were playing playing-cards on 28/09/2018 in the night near the school.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

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

6. Looking to the facts and circumstances of the case,looking to the evidence available on record, 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