Order On Board

15/02 /20 24

1. Applicant has filed this first bail application under Section 439 of CrPC for grant of regular bail as he was arrested in connection with Crime No. 87 of 2023 registered at Police Station Saja, District – Bemetara (C.G.) for offence punishable under Section

302, 147, 148, 149, 336, 307, 120 B of I.P.C..

2. Case of the prosecution is that, 08.04.2023 at about 01:30 pm when deceased Bhuvneshewar Sahu along with other Bheklal and Rajaram were going towards the Muslim Mohalla of the village, people started stone pelting upon them and thereafter applicant along with other co-accuse person came there caught hold of deceased Bhuvneshewar Sahu, dragged him near mosque and have assaulted him by means of stone and sharp edged weapons due to which he succumbed to injuries. Incident was reported on the same day by Bhagirathi at about 06:30 pm based upon which F.I.R. was registered. During course of investigation, applicant along with others were arrested.

3. Learned counsel for applicant submits that applicant has been falsely implicated in the aforementioned crime, he has not committed any offence of any nature as alleged. On the date of incident, there was dispute between children of two community which have taken shape of fight between members two community. As per allegation, in the F.I.R. deceased died only due to stone felting. Statement of the so called eye-witnesses were recorded much later than registration of F.I.R. and they are implanted witnesses and therefore, their statement cannot be relied upon.

4. Learned State counsel opposes the submission made by learned counsel for applicant and submits that immediately after the incident, F.I.R. was lodged at 06:30 pm on the same day within 04 hours. He contended that in F.I.R. also it has come that deceased was accompanied with Bheklal and Rajaram while he was going to Muslim Mohalla for calling people to gather in the meeting. The people started stone pelting upon them and thereafter, applicant and other accused person came there, dragged deceased Bhuvneshewar Sahu and have assaulted him by means of stone, club & sharp edged weapons. Name of Rajaram and the manner in which incident took place is narrated in F.I.R. and therefore statement of Rajaram cannot be said that allegations made are afterthought. Name of applicant is specifically mentioned in F.I.R. to be one of the person who caught hold of deceased and have participated in the assault upon deceased.

5. I have heard learned counsels for the respective parties.

6. Taking into consideration nature of allegation, manner in which the offence has been committed as also the material available in the charge-sheet, I do not find present to be a fit case to enlarge the applicant on bail.

7. Accordingly, the bail application is dismissed.