Ramkumar Sahu vs State Of Chhattisgarh

Heard.

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 on 16.06.2020 in connection with Crime No.25/2020 registered at Police Station Chandani, District Surajpur (CG) for the offence punishable

under Sections 302, 201, 120 (B), 34 of Indian Penal Code & Sections 25 & 27 of the Arms Act.

As per the prosecution case, over a civil dispute some enmity, the applicant along with his son hatched conspiracy to eliminate Shiv Charan Kashi,

the deceased and accordingly a Desi Katta/revolver was procured along with a chopper and while the deceased was returning at 8 pm he was shot

from back by the son of the applicant namely Rohit and the present applicant inflicted injury on the neck of the deceased by chopper. When the

deceased died his body was subsequently taken to Vishalpur Forest, his head was amputated and kept at some distance from the body and the body

was concealed in the stone. Subsequently, at the instance of the applicant the mobile, diary, adhar card etc. of the deceased were recovered at a

distance from the body.

Learned counsel for the applicant submits that the body of the deceased was recovered in two parts one is head and other is body and it is not clear

from the postmortem as to whether the body & head belong to Shiv Charan Kashi, the deceased. He would further submit that there is no last seen

theory and no recovery was made and only on the basis of memorandum statement, the present applicant is inculpated. He would further submit that

the chopper was also recovered from the open place and only on the basis of the presumption the applicant has been arrested, therefore, the applicant

may be released on bail.

Per contra, learned State counsel opposes the prayer for grant of bail and would submit that after murder the body was taken away in the Vishalpur

Forest and head of the deceased was amputated from the body and was kept at a certain distance. He would further submit that the recovery of

adhar card, diary, mobile etc. of the deceased was made at a distance of 300 meters and the recovery of the chopper was made at the instance of the

present applicant.

Having considered the submission, the diary, mobile, adhar card of the deceased was recovered at a distance of 300 meter from the dead body

from the bushes of Vishalpur Forest. Since the same were not discovered during the merg, were only recovered on the basis of memorandum, taking

the totality, I am not inclined to release the applicant on bail.

Accordingly, the bail application is dismissed.