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NAFR

HIGH COURT of CHHATTISGARH, BILASPUR

MCRC No. 7557 of 2021

Vikas Gond S/o Late Jogeshwar Gond, Aged About 23 Years R/o

Near Bhagwart Kirana Stores, Brahmadai Para, P.S. Khamtarai,

District Raipur Chhattisgarh, District : Raipur, Chhattisgarh

----Applicant

Versus

State Of Chhattisgarh Through Khamtarai, District Raipur

Chhattisgarh, District : Raipur, Chhattisgarh

---- Respondent

For Applicant :

Shri Devershi Thakur, Advocate

For Non-applicant : Shri Dinesh Tiwari, Dy. Govt. Advocate

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

30/11/2021

1.

Applicant has filed this application under Section 439 of Cr.P.C.

for grant of regular bail as he has been arrested in connection

with Crime No.40/2021 registered at Police Station- Khamtarai,

Raipur (C.G.) for the offence punishable under Sections 302, 34

of IPC.

2.

Case of the prosecution is that on 17.1.2021, when co-accused

Omprakash @ Ponchi saw Nikita talking with Sahil, he gave 2-3

slaps to Nikita. After some time, Sahil came to Omprakash and

assaulted him. Thereafter, Omprakash along with applicant

returned back stating that he will see Sahil. In the night when

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Nikita went to return back the mobile and key of motorcycle to

Sahil, she saw Sahil lying on the floor suffered with injury and

bleeding. She made report to the concerned police station in

which she also raised suspicion of commission of crime by co-

accused Omprakash and applicant. Based on report, applicant

and other co-accused were interrogated and memorandum

statement of applicant was also recorded. Based on the

memorandum statement, he was arrested in the aforementioned

crime.

3.

Shri Dvershi Thakur, learned counsel appearing for the applicant

would submit that there is no eyewitness to the incident. Applicant

cannot be made accused based on the memorandum recorded

under Section 27 of the Indian Evidence Act. It cannot be used to

convict the applicant. Hence, applicant may be enlarged on bail.

4.

Shri Dinesh Tiwari, learned counsel appearing for the State

opposes the prayer made by learned counsel for the applicant

and submits that just prior to the incident, there was fight between

Omprakash and Sahil and at that time, applicant was also present

there. After giving assault by Sahil to Omprakash, Omprakash

returned back along with applicant. In the memorandum

statement of the applicant, he specifically stated that he provided

knife to the co-accused by which co-accused has given multiple

stab injuries, due to which, Sahil died. There is apparent

involvement of the applicant in commission of crime, hence, he is

not entitled to grant of bail.

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5.

I have heard learned counsel for the parties.

6.

Taking into consideration the nature of allegations, the contents of

FIR, statement of Nikita recorded under Section 161 of Cr.P.C,

the material available in the case diary, I do not consider present

to be a fit case for grant of bail.

7.

The application is accordingly rejected.

Sd/-/-/-

(Parth Prateem Sahu)

Judge

Praveen