Ashwani Kumar Dheewar vs State Of Chhattisgarh

This is first application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to applicants, who are in custody since 10/10/2021 in connection with Crime No.486/2021 registered at Police Station Seepat, District Bilaspur (C.G.) for commission of offence punishable under Sections 302, 201, 34 of Indian Penal Code.

Case of the prosecution, in brief, is that based on the merg intimation first information was registered against the unknown persons. During the course of investigation based on the statement of the witnesses recorded under Section 161 of Cr.P.C. and seizure of the cloths stated to be blood stained, applicants were also arrested along with co-accused persons Abdul Kalam and Rasul Khan on 10/10/2021.

Shri G.R. Miri, learned Senior Advocate for the applicants would submit that the applicants were arrested only on the basis of suspicion being the relative of the deceased Dinesh Dheewar. He contended that the applicants have been made accused only on the basis of the seizure of the cloths wherein the police pointed out the blood stain but in the FSL report there is no positive finding that the blood stain pointed out in the cloths seized from the present applicants to be of human blood. He submits that the applicants are in jail since 10/10/2021, there is no any material to connect the applicants with the aforementioned crime, hence they may be enlarged on bail.

Shri Lalit Jangde, learned State counsel opposes the argument of learned counsel for the applicants and would submit that during the course of investigation based on the statement recorded under Section 161 Cr.P.C. of the witnesses suspicion has been raised of involvement of the applicants in the commission of aforementioned crime based upon which they were interrogated and in their memorandum statement they have admitted their guilt. He also submits that the cloths seized from the possession of the applicants were found blood stains. He also pointed that the cloths seized from applicant No.1 Ashwani Kumar Dheewar which is marked as Article G-1, G-2 and H has been reported to be blood stain from human blood in the FSL report, however he submits that in the cloths seized from applicant No.2 Omprakash Yadav Article I only mentions the blood stains. Hence the applicants are not entitled for bail.

At this stage, learned Senior Advocate for the applicants would submit that in the postmortem there is no mention of nature of death but it only mentions that the death is caused due to cardiac respiratory arrest due to shock which may be for so many reasons.

I have heard learned counsel for the parties.

Taking into consideration the facts and circumstances of the case, nature of allegation, further considering that there is no eye witness to the incident, the applicants have been made accused only on the basis of circumstantial evidence, without commenting on the merits of the case, I am inclined to enlarge the applicants on regular bail.

Accordingly, the application is allowed and it is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety in the like sum to the satisfaction of the trial Court concerned on the conditions that;

a) They shall appear before the trial Court concerned regularly on each and every date unless exempted from appearance.

b) They shall not, in any manner, tamper with the prosecution witnesses.

c) If the applicants are found involved in similar offence in future, it will be open for the State to apply for cancellation of bail.

Certified copy as per rules.