The High Court of Chhattisgarh allowed a first bail application under Section 439 CrPC for two applicants charged with murder. The court granted bail after finding prosecution evidence circumstantial and lacking corroboration from key witnesses.
Bail allowed on execution of personal bond of Rs.50,000/- each with one surety.
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
MCRC No. 510 of 2023
---- Applicants
Versus
---- Respondent
---------------------------------------------------------------------------------------------- For Applicants : Mr. PK Tulsyan, Advocate For Respondent/State : Mr. Amit Kumar Verma, Panel Lawyer
Hon'ble Shri Justice N.K. Chandravanshi
Order On Board
17.4.2023
1 . This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested on 19.9.2022 in connection with Crime No.106/2022 registered at Police Station Geedam, Distt. Dangewada (C.G.), for the offence punishable under Sections 302/34, 120B of the Indian Penal Code.
2. Allegation against the applicants is that on 22.8.2022 at about 22.30 hours, applicant Kamaluram @ Motu Kashyap, who had to return an amount of Rs.1,60,000/- to deceased Sunder Korram, called him to repay the amount. When the deceased was going to collect the money from applicant Kamaluram, applicant Durgesh Kadiyam, on the instructions of applicant Kamaluram, dashed the deceased with Pick up vehicle bearing registration No.CG 18P 5082 with intention to kill him and thereby the applicants caused murder of Sunder Korram. Based on the above facts, report was lodged against the unknown person under Section 304 A of the IPC only. During investigation it was revealed that the applicants after
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hatching conspiracy of committing murder of Sunder Korram, have caused the alleged crime.
3. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in this case. It is further submitted that applicant Kamaluram and deceased Sunder Korram are uncle-nephew in relation and there is no direct evidence against the applicants. They have been implicated only on the basis of circumstantial evidence and the statement of the wife of the deceased and memorandum statement of the applicants. However, wife of the deceased has not supported the case of the prosecution and she turned hostile before the Court. Memorandum and seizure witnesses have also been examined but they have not stated anything against the applicants. The alleged vehicle (pick up vehicle) was seized from applicant Durgesh, but neither he is the owner of the vehicle nor he was in possession, rather the vehicle was seized from open place. He would further submit that the applicants are in jail since 19.9.2022 and conclusion of the trial is likely to take long time, hence, they may be enlarged on bail. The applicant has also filed certified copy of the statement of 07 witnesses recorded before the trial Court.
4. Per contra, learned counsel for the State vehemently opposed the statements of learned counsel for the applicants and would submit that the applicants have been directly involved in the alleged crime, hence, their bail application may dismissed.
5. I have heard learned counsel for the parties, perused the case diary, material available on record and particularly the certified copy of statement of 07 prosecution witnesses filed by the applicants.
6. Having regard to facts and circumstances of the case, the evidence collected by the prosecution against the applicants which are only circumstantial type and further wife of the deceased and memorandum and seizure witnesses have not supported the case of the prosecution, and also considering the detention period of the applicant and also the totality of the case, I feel inclined to grant bail to the applicant. Therefore, the application under Section 439 of the
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CrPC is allowed. It is directed that in the event of each of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety each of the like sum to the satisfaction of the concerned trial Court for their appearance before the concerned Court as and when directed by the said court, they be released on bail.
Certified copy as per rules.
Sd/(N.K. Chandravanshi) JUDGE
Bini
1 issue framed by the court
Whether regular bail should be granted to the applicants charged with murder under Sections 302/34 and 120B.
2 provisions across 2 enactments
Kamaluram @ Motu Kashyap
Durgesh Kadiyam
State Of Chhattisgarh
N.K. Chandravanshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
