Single judge order dismissing a third bail application under Section 483 B.N.S.S. regarding a murder charge. Court refused release citing gravity of offence despite a hostile prosecution witness and conflicting statements in other evidence.
Application for bail dismissed; applicant ordered to remain in judicial custody.
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2024:CGHC:35924
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 6411 of 2024
...Applicant
versus
... Respondent
For Applicant : Mr. Sanskar Rajput, Advocate. For Respondent/State : Mr. Rajeev Bharat, GA.
Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board
13/09/2024
1. Heard.
2. This is the third application filed under Section 483 of the B.N.S.S. for grant of regular bail to the applicant, who has been arrested in connection with
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Crime No.111/2023 registered at Police Chowki Mohara, Dongargarh, District K.C.G. (C.G) for the offence under Sections 302 & 201 of the IPC.
3. The first bail application of the applicant was rejected on merits vide order dated 16.06.2023 passed in MCRC No.3642/2023. The second bail application of the applicant was dismissed as withdrawn vide order dated 13.08.2024 passed in MCRC No.5723/2024 with liberty to file better constituted petition.
4. Prosecution case, in short, is that on 21.02.2023 complainant Ramchand Yadav lodged an FIR to the effect that he is running betel shop at Maa Bhawani Mandir, Village Karela. On 20.02.2023 at about 8:30 PM her daughter-in-law came in her house crying and informed that her husband is lying near the pond. Thereafter, the complainant along with other villagers reached near the pond and found that complainant’s son namely Yogesh is lying dead and someone has caused injuries in head, neck and stomach by using sharp edged weapon. After merg enquiry, an offence under Section 302 IPC was registered. During investigation, present applicant was apprehended and from his memorandum statement weapon (axe) alleged to have been used for committing the aforesaid crime was recovered. Therefore, he has been arrested.
5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant is in jail since 21.02.2023 and only on the basis of memorandum, the applicant has been falsely implicated in the case. He would further submit that one of the memorandum witness namely Chandulal Yadav (PW-8) has been examined and he has turned hostile and not supported the case of the prosecution. Therefore, considering all these aspects, the applicant may be enlarged on bail.
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6. Per contra, learned counsel for the State opposes the aforesaid submission. He submits that the blood group of the samples taken from the clothes of the deceased and the T-shirt, were found matched. He also draws attention towards the statement of Chandulal Yadav(PW-8), wherein, at para 4, he has categorically deposed that from the present applicant, an axe has been seized. Further, in para 5 also, he has supported the version of the prosecution that during investigation, the applicant has handed over the blood-stained clothes and Baramdagi Panchnama was prepared vide Ex.P-17. Therefore, he prays to dismiss the application.
7. Considering the facts and circumstances of the case and particularly considering the quality of evidence as also the gravity of the offence, I am not inclined to release the applicant on bail.
8. Accordingly, the bail application is dismissed .
Sd/- (Deepak Kumar Tiwari) Judge
Priyanka
1 issue framed by the court
Whether the applicant should be granted regular bail under Section 483 of the B.N.S.S. in a murder case.
1 provisions across 1 enactments
Dumesn Yadav S/o Late Nirbhay Yadav
State Of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
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