Mukul Suna @ Baghwa vs State Of Chhattisgarh

Heard.

This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.212/2021 registered at Police Station Newai, District Durg (CG) for the offence punishable under Sections 307/34 of the IPC and Sections 25, 27 of the Arms Act.

The prosecution case is that the complainant lodged an FIR that on the date of the incident, while returning to his home at the midnight, he saw a small car of reddish maroon colour parked in the middle of the road. When the complainant asked as to whose car is it and get out of the way, some unknown persons fired towards him, which hit on the right door of his car, then, the complainant ran away from there and immediately informed the matter to the police. During, investigation, the applicants were arrested.

Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the case. He submits that in the FIR, there is no mention about the identification of the culprits or even the car, so the applicants have been wrongly roped in the case. Applicant No.1 is in jail since 26.7.2021; applicant No.2 is in jail since 11.8.2021 and applicant No.3 is in jail since 15.9.2021. He further submits that since no identification parade of the applicants was conducted, the appicants may be released on regular bail.

On the other hand, learned counsel for the State strongly opposes the bail application. He submits that the firearms, used in the incident, have been seized from the accused persons; after the incident, the applicants were absconding; and further, applicant No.1 Mukul Suna has eight previous criminal antecedents.

Learned counsel for the State further submits that some whatsapp messages have been sent to the complainant in a threatening language by the accused persons, to which, learned counsel for the applicants submits that such whatsapp messages are not the part of the charge sheet.

In view of the above, learned counsel for the State is directed to take appropriate steps for filing of such additional documents before the concerned Court in due course of law.

Having considered the submissions of learned counsel for the parties, it appears that the allegations are serious in nature, therefore, I am not inclined to release the applicants on regular bail.

Accordingly, the application is dismissed. However, liberty is reserved in favour of the applicants to repeat the prayer after examination of the material witnesses.