Vidhyadhar Chouhan 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 applicants in connection

with Crime No.117/2016 registered at Police Station Manendragarh, District Korea (CG) for the offence punishable under Sections 302, 201 r/w

section 34 IPC and Section 3 (2) (5) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act.

As per the prosecution case, one Ramu Panika committed murder of his wife Basanti and with the help of the present applicants and others threw

the dead body at other place to make disappearance of the evidence. The incident happened in the year 2014 and the FIR was lodged in 2016 and on

the basis of the memorandum statement the applicants have been arrested.

Learned counsel for the applicant submits that no evidence is available against the present applicants and the incident is of the year 2014. He would

further submit that the similarly placed co-accused has been enlarged on bail in M.Cr.C. No.5414/2016, therefore, the present applicants may also be

released on bail.

Learned State counsel do not dispute the fact that the similarly placed co-accused has been enlarged on bail.

Considering the facts of this case, nature of offence that only the allegation of disappearance of evidence is attributed to the present applicants, I

am inclined to release the applicants on bail.

Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of

Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every

date given by the said Court.