Ankit Tandi vs State Of Chhattisgarh

Sachin Singh Rajput, J

This second application under Section 439 of the Code of Criminal Procedure has been filed by the applicant who is in custody in connection with Crime No. 114/2021 registered at Police Station – Vidhan Sabha, District Raipur, CG for the offence punishable under Sections 302, 201, 34 IPC. The first being MCRC No. 7932/2022 was dismissed on merits vide order dated 09.11.2022.

The case of the prosecution in brief, is that on the basis of morgue intimation of an unknown dead body, was registered under section 174 of the Cr.PC by police station Vidhan Sabha. Thereafter the said body was identified by the brother of the deceased on the basis of appearance and cloths at the police station whereas from the charge-sheet itself it is apparent that the body of the deceased was in decomposed situation and was never brought to the P.S. Thereafter, surprisingly the other co-accused were arrested and their memorandum was recorded and on the basis of the memorandum of co-accused, the applicant was arrested and his memorandum was also recorded and on the basis of the said memorandum, the jeans worn by the applicant and further a slipper claimed to be belonged to the deceased was seized whereas from a perusal of the charge-sheet itself, neither the DNA test for identification of the deceased was conducted nor any TIP regarding the said slipper was carried out by the investigating agency. It is worth submitting here that only on the basis of surmises and without any cogent or reliable evidence, charge-sheet was filed before the concerned court after culmination of investigation. The applicant was arrested on 24.03.2021 and since therefore the last 18 months, the applicant is in custody despite innocence.

Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that out of 21, only 09 witnesses have been examined so far, that the applicant is in jail since 24.03.2021, and that the trial may take some more time for conclusion, therefore, he may be released on bail.

State counsel opposes the application for bail and submits that looking to the offence alleged, the applicant is not entitled for bail.

Considering the rival submissions made on behalf of the parties, the facts and circumstances of the case, looking to the pace at which the trial is going on as out of 21 only 09 witnesses have been examined so far, that the applicant is in jail since 24.03.2021, that the memorandum and seizure witnesses have not supported the case of the prosecution, and that the trial may take some time for conclusion, without commenting on merits of the case, this Court is of the opinion that it is a fit case to release the applicant on bail. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before that Court as and when so directed. The applicant shall not leave the State of Chhattisgarh without prior permission of the concerned trial Court.