Dismissed

Rajesh Kumar Jangde v. State of Chhattisgarh

Chhattisgarh HC22 Jun 2023MCRC/2449/2023

Case brief

AI extract

What is this about?

In a regular bail application under Section 439 CrPC involving murder and conspiracy charges, the High Court of Chhattisgarh dismissed the plea. The court held that despite other co-accused being on bail, the applicant was not a fit case for release due to the larger conspiracy and serious allegations.

What did the court decide?

Bail application dismissed; trial court directed to expedite trial.

Rajesh Kumar Jangde Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2449 of 2023

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Rajesh Kumar Jangde S/o Goverdhan Kumar Jangde, Aged About 45 Years R/o Village Korbi, Post Dongari, Police Station And Tahsil Balouda, District : Janjgir-Champa, Chhattisgarh

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---- Petitioner Versus

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State Of Chhattisgarh Through Station House Officer, Police Station Katghora, District : Korba, Chhattisgarh

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---- Respondent

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For Applicant Mr. Amit Singh Chouhan, Advocate For Respondent /State Mr. Adil Minhaj, Government Advocate

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SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board

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22/6/2023

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Heard.

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This is an 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.69/2021 registered at Police Station Katghora, District Korba (CG) for the offence under Sections 302, 201, 120B, 328, 365, 34 of the IPC.

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Prosecution case, in brief, is that the present applicant hatched a conspiracy along with other co-accused persons and in furtherance of such conspiracy, co-accused Purnima Sahu poisoned the deceased and thereafter, co-accused Narendra Tandon inflicted injury on the jaw of the deceased by using a small axe. Based on such allegations, the offence has been registered.

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Learned counsel for the applicant submits that the applicant is innocent

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and has been falsely implicated in the case . The applicant has been implicated on the basis of memorandum of the co-accused. He is in jail since 15.3.2021. Co-accused - Rishi Kumar has been enlarged on bail by a Coordinate Bench of this Court vide order dated 9.11.2022 passed in MCRC No.8713/2022 and co-accused Ramkumar Shriwas, Santoshi Bai Patle and Kamal Kumar Dhuri have also been enlarged bail by the Court below. Hence, considering all these aspects, learned counsel for the applicant prays for releasing the applicant on bail.

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On the other hand, learned counsel for the State strongly opposes the bail application. He would submit that the present applicant was actively involved in the conspiracy from the beginning and he had also made calls on the date of the incident to the co-accused persons. Such call details are available on record. He submits that the trial is at the advanced stage and the allegations are serious in nature, therefore, the applicant may not be enlarged on bail.

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Having considered the submissions of learned counsel for the parties, particularly considering the evidence available on record against the present applicant and also considering that a larger conspiracy was hatched and the role attributed to the present applicant, I am of the opinion that the present is not a fit case to enlarge the applicant on bail.

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Accordingly, the bail application is dismissed. However, the concerned trial Court is directed to expedite the trial. Sd/-

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( Deepak Kumar Tiwari)

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Judge

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Shyna

Rajesh Kumar Jangde v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Rajesh Kumar Jangde v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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