Chattisgarh High Court
Ghasiram Kashyap vs State Of Chhattisgarh on 6 February, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 11201 of 2022
Ghasiram Kashyap S/o Bhalu Kashyap Aged About 45 Years R/o Village
Nangur, Mando Para, P.S. Parpa, District Bastar (C.G.)
---- Applicant
Versus
State Of Chhattisgarh Through The Police Station Frezerpur, District Bastar
(C.G.)
---Respondent
For Applicant - Shri Pravin Tulsyan and Shri Karan Kumar Bahrani, Advocates For State - Shri B.P. Banjare, Dy. GA Order on Board by Hon'ble Shri Justice Sachin Singh Rajput 06/02/2023 This first application under Section 439 of the Code of Criminal Procedure has been filed by the applicant who is in custody in connection with Crime No. 75/2022 registered at Police Station - Frezerpur, District Bastar, CG for the offence punishable under Sections 302, 201 and 441 IPC and Section 4 of Prevention of Chhattisgarh Tonahi Pratarna Act, 2005.
2. Case of the prosecution in short is that the police registered a criminal case against the applicant regarding murder of late Dayamani Kashyap as she practised withchcraft with his family.
3. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He submits that the witness who is said to have lodged Dehati Nalisi has stated that he had no knowledge as to who has committed the murder of the deceased. He further submits that there is no evidence with regard to the involvement of the applicant in the crime in question and the extrajudicial confession appended with the charge sheet. He submits that almost all the independent witnesses have been 2 examined but not supported the case of the prosecution, and the possibility of conviction of the applicant on the basis of the evidence of official witnesses is very remote. He submits that mainly the case of the prosecution rests on the recovery of alleged weapon of assault seized at the instance of the applicant, but the seizure witnesses have not supported the case of the prosecution. He submits that the applicant is in jail since 20.03.2022, the charge sheet has been filed, and that the trial may take some time for conclusion, therefore, he may be released on bail.
4. State counsel opposes the application for bail and submits that neighbour of the deceased informed about the commission of the offence by the present applicant to the husband of the deceased and one neighbour has categorically stated that it is the applicant who has committed the murder of the deceased. Looking to all this, according to the State counsel, it is not a case for release of the applicant on bail.
5. Considering the rival submissions made on behalf of the parties, the facts and circumstances of the case, and the material collected by the prosecution so far, that the applicant is in jail since 20.03.2022, and the trial may take some time for conclusion, without commenting on merits of the case, this Court is of the opinion that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. It is directed that the applicant be released on bail on his furnishing a bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before that court as and when directed.
6. The applicant shall not influence any of the witnesses acquaitnted with the facts of the case in any manner whatsoever and if any such thing comes to the notice of the court below, it may cancel the bail granted to him.
Sd/-
(Sachin Singh Rajput) Judge Jyotishi