This single-judge order disposed of a bail application for a first informations accused in a murder case. The High Court of Chhattisgarh examined prosecution evidence and acknowledgements and rejected the bail plea.
Bail application rejected; applicant not enlarged on bail.
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.
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M.Cr.C. No.2367 of 2018
Riyaj Mohd. Momin @ Riyaj Khan, S/o Late Jafar Mohd, aged about 39 years, R/o Near Mata Mandir, Patharaguda, present address School Para Dhurguda, P.S. Kotwali, Jagdalpur, District Bastar, Chhattisgarh
---- Applicant
versus
State of Chhattisgarh through the Police Station Kotwali, District Bastar, Chhattisgarh
---- Respondent
For Applicant : Shri Praveen Kumar Tulsyan, Advocate For Respondent : Shri Neeraj Sharma, Dy. Govt. Advocate
Hon'ble Shri Justice Arvind Singh Chandel
Order on Board
1.5.2018
1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the Applicant who has been arrested in connection with Crime No.466 of 2017 registered at Police Station Kotwali, District Bastar for offence punishable under Section 302 of the Indian Penal Code.
2. Case of the prosecution, in brief, is that the Applicant is son-in-law of deceased Ram Singh and he has committed murder of Ram Singh due to some dispute arose between them. During investigation, on the basis of memorandum statement of the Applicant, police seized the articles which were used by the Applicant for commission of the offence.
3. Learned Counsel appearing for the Applicant submits that the Applicant is innocent. He has falsely been implicated in the case.
2
From the evidence collected by the prosecution, no offence under Section 302 of the Indian Penal Code is made out.
4. Learned Counsel appearing for the Respondent/State opposes the bail application. He submits that sufficient evidence is available against the Applicant to establish his involvement in the offence. He further submits that the Applicant has also made extra judicial confession.
5. I have heard Learned Counsel appearing for the parties and perused the entire material available with due care.
6. Considering the facts and circumstances of the case and the evidence collected by the prosecution against the Applicant, I am not inclined to enlarge him on bail.
7. Accordingly, the bail application is rejected.
Sd/- (Arvind Singh Chandel) JUDGE
Gopal
1 issue framed by the court
Whether the application for regular bail under Section 439 CrPC should be allowed in the case of murder under Section 302 IPC.
2 provisions across 2 enactments
Riyaj Mohd. Momin @ Riyaj Khan
State of Chhattisgarh
Arvind Singh Chandel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
