Vijay Kumar vs State Of Chhattisgarh

Heard.

1) Since these two bail applications are arising out of same crime number, they are being heard together and disposed of by this common order.

2) The applicants have preferred these Bail Applications under Section 439 of the Code of Criminal Procedure, 1973 in connection with Crime No.835/2022, registered at Police Station Kasdol, Outpost Lavan, District- Baloda Bazar-Bhatapara (C.G.) for the offence punishable under Section 302, 201, 147, 148, 149, 120-B of the IPC.

3) Case of the prosecution, in brief, is that on 05.10.2022, at about 6:20 pm, the deceased namely Ramswaroop Verma met with an accident and he was taken to the hospital, where doctor declared him dead. Merg intimation was given by younger brother of the deceased namely Ramsanehi Verma, on same day at about 21:20 hrs, where he has stated that the deceased took his motorcycle to see Dussehra festival, but it was informed by Mahesh Verma on mobile phone that, the deceased Ramsvaroop Verma has met with an accident. On 06.10.2022, Ramsanehi Verma lodged a report to the effect that there was some dispute between the present applicant and other accused persons with the deceased, therefore, they have committed murder of the deceased using knife and sharped edged weapon. On such complaint, the police registered offence as stated above against total 8 persons.

4) Learned counsel for the applicants would submit that the applicants have falsely been implicated in the crime in question. They would further submit that in the post mortem report, the doctor has not found any incise wound or stab injury over any part of the body of the deceased. The doctor has opined cause of death cardiac pulmonary arrest due to hemorrhagic shock and opined nature of death to be homicidal. They would further submit that FIR has been lodged on the basis of story narrated to the complainant by one Dhaneshwar Verma that on 04.10.2022 co-accused Puniram had made statement before him that he will commit murder of the deceased. They would further submit that there is no evidence against the present applicants. They would also submit that the applicants are in jail since 07.10.2022, charge-sheet has already been filed and thus, they would pray for grant of bail.

5) On the other hand, learned counsel for the State would oppose the bail application.

6) I have heard learned counsel for the parties and perused the case diary.

7) From the case diary, it appears that merg intimation was given by Ramsnehi Verma, younger brother of the deceased on 05.10.2022, at about 21:20 hrs to the police station to the effect that his brother/deceased had gone to see Dussehra festival and it was informed by Mahesh Verma that he met with an accident. Thereafter, he was taken to hospital, where he was declared dead; the doctor, who conducted his post-mortem has not found any stab injury or incise wound over the body of the deceased, whereas, there is allegation against the present applicants that they have committed murder using knife or sharp edged weapon; there is no direct evidence against the applicants and on the basis of statement made by one co-accused namely Puniram, the applicants are implicated in this case; further, the charge-sheet has already been filed & the applicants are in jail since 07.10.2022, therefore, I am inclined to allow these bail applications, consequently, both the bail applications are allowed.

8) It is directed that in the event of each of the applicants executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, they shall be released on bail, on following conditions :-

(I) they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court,

(ii) they shall not act in any manner which will be prejudicial to fair and expeditious trial, and

(iii) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

The observation made hereinabove is for the purpose of deciding this bail application only, the trial Court shall decide the case on its own merits.