High CourtsSingle Bench(2018) 04 CHH CK 0258

Ashutosh Dwivedi vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 20 April 2018

HON’BLE JUDGES
MANINDRA MOHAN SHRIVASTAVA, J
RESULT
Dismissed
CASE NUMBER
MCRC No. 1410 of 2018

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Judgment

11 paragraphs · 215 words
1.

The applicant has been arrested in connection with Crime No. 59/2017 registered at Police Station â€" Lailunga, District-Raigarh (CG) for alleged

commission of offences under Section 302, 201/34 of IPC and Section 3(2)(v) of Scheduled Caste & Scheduled Tribe ( Prevention of Atrocities) Act.

2.

Case of the prosecution is that the applicant murdered one Lalima Bhagat and her body was buried.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated. There is not direct evidence and the prosecution has

comeout on certain circumstantial evidence which are not prima facie made out. He further submits that investigation is complete and charge sheet

has been filed. Therefore, at this stage, he may be granted bail.

4.

On the other hand, learned counsel for the State opposes bail application and submits that applicant has been involved in the alleged commission of

offence, his memorandum was taken and on his memorandum dead body was recovered as also the weapon alleged to be used in commision of

offence, clothes have also been seized, therefore, his application may be rejected.

5.

Having considered both the parties and nature of allegations, material collected and circumstance of recovery of dead body, no case for grant of

bail is made out. Accordingly, the bail application is rejected.