NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3855 of 2023

1. Narendra Kumar Dhruv S/o Rajkumar Dhruv Aged About 22 Years R/o Puraina Jagriri Chowk, Bhilai 3, District Durg Chhattisgarh

2. Prakash Kumar Vishwakarma S/o Shri Tribhuvan Aged About 20 Years R/o Puraina Jagriri Chowk, Bhilai 3, District Durg Chhattisgarh ---- Applicants.

Versus • State Of Chhattisgarh Through Station House Officer, P. S. Patan, District Durg Chhattisgarh --- Respondent.

-----------------------------------------------------------------------------------------------

For Applicants : Mr. Shailendra Dubey, Advocate and Ms. Shivali Dubey, Advocate For Respondents/State : Ms. Smriti Shrivastava, PL -------------------------------------------------------------------------------------------------------

Hon'ble Shri Justice Deepak Kumar Tiwari

Order On Board

01.08.2023

1. This is the first bail application filed by the accused/applicants under Section 439 of Cr.P.C. who are in custody in connection with Crime No.99/2022 registered at Police Station – Patan, District – Durg, C.G. for the offences punishable under Sections 302, 120-B of IPC, for grant of regular bail.

2. Prosecution case in brief is that the present applicants along with other co-accused person hatched a conspiracy to commit murder of Ajay Kumar Gautam. In furtherance of the said conspiracy, they caused murder of the deceased by using knife and club. During the investigation, the present applicants were apprehended. From the possession of Applicant Narendra Kumar one buttoned knife, motorcycle, blood stained clothes and a club has been recovered from his possession and in the FSL, the said articles were stained with human blood. From the possession of applicant Prakash Kumar Vishwakarma, one iron punch, which has been used in the alleged crime has been recovered. Based on above allegations, the aforesaid offences have been registered against the present applicants.

3. Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the present case. It is further argued that the material witnesses have been examined and they have not supported the case of the prosecution, even the seizure witnesses have been turned hostile. It is further argued that the FIR has been lodged belatedly and only on evidence of blood, that has been found on the weapon, is not sufficient for the conviction. It is next submitted that even the eye – witnesses have also not supported the case of the prosecution. It is lastly submitted that the applicants are in jail since 22.05.2022, if they may be set at liberty by granting bail, they would abide by all terms and conditions imposed on them while granting bail.

4. Learned counsel for the State opposes the bail application and submits that though the witnesses have retracted from their earlier statements and has turned hostile is not a good ground for grant of bail. She would further submits that the weapon, which has been recovered from the possession of the applicants are stained with blood, so, considering the gravity of offence, this is not a fit case for granting bail to the applicants.

5. Having heard counsel for the parties, considering the facts and circumstances of the case, nature of accusation, gravity of offence, further considering the nature of allegations, as the allegations are serious in nature, I am not inclined to grant regular bail to the applicant.

6. Accordingly, the bail application filed under Section 439 of the Cr.P.C.

is rejected

7. However, learned concerned trial Court is directed to conclude the trial expeditiously.

8. Further, it is made clear that since this Court has not expressed any opinion on the merits of the case, the concerned trial Court shall decide the case on its own merits without being influenced by any of the observations made in this order.

Sd/-

(Deepak Kumar Tiwari)

Judge Yasmin