High Court of Chhattisgarh rejected a regular bail application under Section 439 Cr.P.C. filed by three applicants accused of murder. The court held that pending investigation and extra-judicial confession statements precluded the grant of bail.
Application for grant of regular bail rejected.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 3197 of 2019
---- Applicants
Versus
----Non-applicant
For Applicants – Shri Awadh Tripathi, Advocate. For Non-applicant/State – Shri Avinash K. Mishra, Panel Lawyer.
Shri Kamal Kishore Patel, Advocate for objector.
Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board
17-07-2019
2 . It is submitted on behalf of the applicants that the applicants have been falsely implicated in this case. They are in jail since 25-02-2019. Name of these applicants have appeared only on the memorandum statement given by the co-accused persons. Apart from that, there is no legally admissible evidence available against these applicants for their prosecution in this case. Therefore, it is prayed that these applicants may be enlarged on bail.
3 . Learned counsel for the State/non-applicant opposes the application and submits that the main accused in this case has made confessional
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statement, on the basis of which there is evidence of involvement of these applicants in the commission of crime. There is evidence of extra judicial confession available, on the basis of which there is substance to show criminality on the part of the applicants. Therefore, the application may be rejected.
4 . Learned counsel for the objector submits that the investigation in this case is still not complete, wife of deceased Jitram Choudhari had filed WPCR No.343/2019 in which vide order dated 09-07-2019 this Court has ordered the police authorities to make additional investigation in this case, which will further unearth evidence against the applicants. Therefore, the applicants are not entitled for grant of bail.
Sd/-
(Rajendra Chandra Singh Samant)
Aadil
2 issues framed by the court
Whether the applicants are entitled to regular bail under Section 439 Cr.P.C. in a murder case pending further investigation.
Whether the existence of extra-judicial confessional statements and pending investigation preclude the grant of bail.
1 provisions across 1 enactments
Dinesh Sahu
Umesh Kumar Patel
Kunjbihari Kodaku
State of Chhattisgarh
Rajendra Chandra Singh Samant
As recorded by the court registry
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