The High Court of Chhattisgarh dismissed an application for regular bail under Section 439 CrPC. The court rejected the plea due to the gravity of the murder charge and the nature of injuries inflicted on the deceased.
Application for regular bail under Section 439 CrPC is rejected. Applicants remain in jail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No. 3856 OF 2015
All four appellants’ residence of Village Juna Pani, P.S.-Lormi, District – Mungeli, Chhattisgarh
---Applicants
Versus
State of Chhattisgarh, Through Police Station-Lormi, District Mungeli, Chhattisgarh.
---Non-applicant
For Applicants : Mr. Arun Kochar, Advocate For Non-applicant : Mr. Siddarth Rathore, Dy.Govt.Advocate
Hon’ble Shri Justice Sanjay K. Agrawal
Order on Board
10/08/2015
1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have been arrested in connection with Crime No.305 of 2014, registered at Police Station-Lormi, Distt.Mungeli (C.G.), for the offence punishable under Sections 302, 147, 148 and 149 of the IPC.
2. Case of the prosecution, in brief, is that, the present applicants along with other co-accused persons murdered Nohar Sahu on 19.9.2014 by sharp edged weapons and thereby committed the aforesaid offence.
3. Learned counsel for the applicant would submit that applicants have not committed any offence and subsequently their names have been
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added in the charge-sheet by way of filing the additional charge-sheet. Initially their names have not been mentioned in the F.I.R., as such, they have not committed any offence and they are in jail since 9.6.2015.
4. Learned State counsel would oppose the bail application.
5. I have heard learned counsel appearing for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; supplementary statements of the prosecution witnesses, the manner in which the deceased was subjected to grievous injuries in his neck by sharp edged weapons and material collected by the prosecution, this Court is not inclined to release the applicants on regular bail.
7. Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected.
8. Certified copy as per rules.
Sd/(Sanjay K. Agrawal) JUDGE
B/-
1 issue framed by the court
Whether bail should be granted to the applicants accused of murder.
2 provisions across 2 enactments
Annantram Sahu and others
State of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
