Birbal Lakda vs State Of Chhattisgarh on 20 September, 2022

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Chattisgarh High Court

Birbal Lakda vs State Of Chhattisgarh on 20 September, 2022

Bench: Rajani Dubey

                                    1

                                                                   NAFR
         HIGH COURT OF CHHATTISGARH, BILASPUR
                      MCRC No. 7453 of 2022
      Birbal Lakda S/o Chhotan Lakda, Aged About 50 Years, R/o
       Uranwpara Manpur, Thana Shankargarh, District Balrampur
       Ramanujganj Chhattisgarh
                                                            ---- Applicant
                                Versus
      State Of Chhattisgarh Through Thana Shankargarh, District
       Balrampur Ramanujganj Chhattisgarh
                                                      ---- Respondent

For Applicant : Mr. P.K. Patel, Advocate. For Respondent : Ms. Dipti Shukla, P.L. Hon'ble Smt Justice Rajani Dubey Order on Board 20/09/2022

1. The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.83/2020, registered at Police Station - Shankargarh, District Balrampur-Ramanujganj (C.G.) for the ofence punishable under Sections 294, 506, 323/302 of IPC and Sections 4, 5 of Chhattigarh Tonahi Pratadna Nivaran Act.

2. Allegation against the present applicant is that on 04.08.2020 he committed murder of his neighbour deceased Machhro Bai by spade suspecting her to be sorcerer. Based on this, ofence has been registered. The present applicant has been taken into custody on 08.08.2020.

3. Learned counsel for the applicant submits that the applicants is innocent and has been falsely implicated in the crime in 2 question. He further submits that there is no eye-witness to the incident and only on the ground of suspicion, the present applicant has been arrested. It is next submitted that the applicant is custody since 08.08.2020, there is no apprehension of the applicant tampering with the evidence or absconding, charge sheet has been fled and conclusion of the trial is likely to take some time. Therefore, looking to the detention period, the applicant may be released on bail.

4. On the other hand, learned State counsel opposes the bail application.

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

6. Considering the totality of the facts and circumstances of the case, gravity of ofence and further considering manner in which the deceased was done to death by the appellant, I am not inclined to release him on bail.

7. Accordingly, the aforesaid bail application is rejected.

Certifed copy, as per rules.

Sd/-

(Rajani Dubey) Judge pkd

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