Rajkumar Shah vs State Of Chhattisgarh

The applicants have preferred this first bail application under Section 439 of the Cr.P.C. for grant of regular bail as they are in custody in

connection with Crime No. 452 of 2021 registered in Police Station Mohan Nagar, District Durg, CG for offence punishable under Sections 302, 201

and 34 IPC.

The case of the prosecution in brief is that on 05.11.2011 in the noon, the deceased â€" Akash Sahu poured petrol over the co-accused Sujit

Maurya and for taking revenge on the same day in the evening the co-accused Sujit Maurya along with the present applicants and took the deceased

with them and after drinking liquor the accused Sujit Maurya assaulted the deceased with knife and other accused assaulted with hands and fists.

Thereafter, accused persons burns their cloths near the river, for which offence has been registered.

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He further submits that

there is no eye witness of the incident the present applicants have not committed any alleged offence. The applicants are in jail since 01.12.2021,

therefore, they may be enlarged on bail.

Per contra, learned State counsel opposes the bail application by putting query by reading the memorandum statements of the accused Sujit Maurya

and other accused Rajkumar and Shubham in which counsel for the State clearly admits that Rajkumar has not participated in the said Maar-peet with

the deceased.

Considering the facts and circumstances of the case particularly, considering the evidence and statements of the accused persons and that the

accused Rajkumar Shah has not participated in any manner with the deceased for Maar-peet, I am inclined to grant bail to applicant No. 1 â€

Rajkumar Shah. But as the applicant No.2 Shubham is concerned, he has assaulted the deceased by hands and fists along with other co-accused

therefore, the bail application on behalf of the applicant No.2 - Shubham is liable to be rejected and is hereby rejected.

Accordingly, the bail application on behalf of applicant No.1 is allowed and it is directed that on applicant No.1 RajKumar Shah furnishing a

personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail. He

shall however, make his appearance before the concerned Court as and when so directed.