Deepak Sahu vs State Of Chhattisgarh

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the Applicant who has been

arrested in connection with Crime No.195 of 2017 registered at Police Station Kondagaon, District Kondagaon for offence punishable under Sections

302, 109, 34 of the Indian Penal Code.

Case of the prosecution, in brief, is that on 2.9.2017, in the morning, Fohdu Ram Kashyap (deceased) had gone to Village Mardapal Bazar.

Thereafter, his dead body was found between Villages Balasar and Khachgaon. The matter was reported to the police. It was found that the present

Applicant and other co-accused had committed murder of the deceased.

Learned Counsel appearing for the Applicant submits that there is nothing on record on the basis of which the Applicant could be connected with

the crime in question. Only one motorcycle has been seized from possession of the Applicant, but there is no evidence on record regarding

involvement of the said motorcycle in the crime in question. The Applicant has been falsely implicated in the case. He is in custody since 30.11.2017.

He may be released on bail.

Learned Counsel appearing for the State submits that only this much evidence, as stated above by Learned Counsel for the Applicant, is available

on record.

I have heard Learned Counsel appearing for the parties and perused the entire case diary with due care.

Having considered the facts and circumstances of the case and the arguments advanced, I am inclined to enlarge the Applicant on bail.

Accordingly, the bail application is allowed.

It is directed that the Applicant shall be released on bail on furnishing a personal bond in the sum of Rs.20,000/- with one solvent surety of the like

sum to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed.