Vishal Tamrakar Vs State of Chhattisgarh

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2024:CGHC:46494

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 4633 of 2024

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1 - Vishal Tamrakar S/o Rajendra Tamrakar, Aged About 28 Years Caste - Thathera, R/o Ward No. 4, Pratappur, Police Station And Tahsil - Pratappur, District : Surajpur, Chhattisgarh

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... Applicant

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versus

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1 - State Of Chhattisgarh Through - Station House Officer, Police Station - Pratappur, District : Surajpur, Chhattisgarh ... Respondent

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(Cause title is taken from the CIS)

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For Applicant : Shri JK Saxena, Advocate For Respondent/State : Shri Jitendra Shrivastava, GA

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Hon'ble Shri Justice Ravindra Kumar Agrawal

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Order on Board

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27.11.2024

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Heard on the application filed under Section 439 of the CrPC. This is the first bail application before this Court filed by the applicant for grant of regular bail.

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The applicant was arrested on 25.02.2024 in connection with Crime No.48 of 2024 registered at PS- Pratappur, District- Surajpur, Chhattisgarh for the offence punishable under Sections 363, 364A, 302, 201, 120B of the IPC, and Section 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

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Mcrc 4633 of 2024

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2

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Case of the prosecution in brief is that on 29.01.2024, at about 4 pm, deceased-Rishu Kashyap, who is a boy aged about 10 years was kidnapped by the accused persons, for which a missing report has been lodged by his father, on 30.01.2024. Police registered case for the offence under Section 363 of the IPC and started investigation. During investigation, statement of father of the deceased was recorded wherein he stated that he received a ransom call from Mobile No.8889462037; also statement of one Daksh Jaiswal, who is friend of deceased was recorded, who stated in his evidence that the deceased was taken by the co-accused Shubham Soni. When he was interrogated, he disclosed that he along with the present applicant, conspired together, kidnapped the minor boy, and made ransom call for Rs.6 lakhs from father of the deceased, and when the deceased tried to flee from their custody, present applicant assaulted the deceased by Danda, and thereafter, they burnt his dead body. On the basis of his memorandum, when the Police reached the place where the accused persons burnt the dead body of deceased, and they found the corpse bones, which were identified by father of the deceased by burnt pieces of clothes of the deceased boy. During investigation, statement of one Shiv Kumar was also recorded, by whose mobile, the co-accused Shubham Soni made ransom call to father of the deceased, and fled away along with mobile. Accused Shubham Soni has been identified by Shiv Kumar that he is the person, who took his mobile phone. From the spot, one button, Danda, Motorcycle, and one black half shirt, have been seized. In FSL report, Morphology of the button has been matched with the other button of shirt seized from the applicant. A mobile phone has also been seized from the spot. Police registered the offence, applicant has been arrested on 25.02.2024, and charge-sheet has been filed.

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Mcrc 4633 of 2024

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3

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Learned counsel for the applicant would submit that against the present applicant, there is no evidence, except his memorandum statement, which is very weak type of evidence. Though Morphology of the button found on the spot has been matched with the other button of shirt seized from the applicant, it is common article, easily available in the market. There is no evidence that he along with other co-accused Shubham Soni, took the deceased boy from his house, or at the time of his kidnapping, applicant was also there with the co-accused. The dead body of the deceased was found after about 25 days after the date of alleged kidnapping, and no sufficient evidence against the accused applicant to implicate him in the offence, applicant is in jail since 25.02.2024, and final adjudication of the case will take its own time. Hence, the applicant may be enlarged on bail.

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On the other hand, learned State counsel opposes the bail application, and would submit that there is clinching evidence available in the charge-sheet against the present applicant, as Morphology of the button found on the spot was matched with the other button of shirt seized from the applicant. On the basis of memorandum statement of present applicant, as well as of the coaccused Shubham Soni, when the Police reached to the spot, they found the related articles and circumstances, as they stated in their memorandum statement. The Dog Tracker, which was taken to the place of incident, also pointed towards the present applicant. He would also submit that it is a case of conspiracy, and there is sufficient evidence with respect to conspiracy between the accused persons, as they are friends and residents of neighborhood. There is ample evidence against the present applicant, hence the applicant is not entitled for bail.

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Mcrc 4633 of 2024

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4

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Considering the submissions made by learned counsel for the parties, nature of evidence, and material collected by the prosecution during investigation, as also the evidence available against the applicant in the charge-sheet, without commenting anything on merits of the case, I am not inclined to release the applicant on bail.

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Accordingly, the bail application filed by the applicant is rejected.

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Certified copy as per rules.

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Sd/- (Ravindra Kumar Agrawal) JUDGE

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padma

Vishal Tamrakar v. State of Chhattisgarh

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Vishal Tamrakar v. State of Chhattisgarh

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