Roshan @ Bablu and One Another vs State of C.G.

R.S. Garg, J.

While Mahadev and some others wre apprehended by the police, under a memorandum of Mahadev, the police party came to know that Mahadev and some of his associates had committed some other offence. Said Mahadev in his memorandum stated before the police that on an earlier occasion after kidnapping one Gudda Thakur he and his associates including the applicant no. 2 went to a lonely place where the said Mahadev and his friend shot him dead. The memorandum also says that after committing murder of said Gudda Thakur, said Mahadev gave the said country made revolver (katta) to the applicant no. 1.

Learned counsel for the applicants submits that from the allegations made by the prosecution it would only appear that said Mahadev had given the said katta to the applicant no. 1 and beyond that nothing is available against him in the case diary. For the applicant no. 2, it is submitted that if the memorandum is read as it is, it would only show that the offence was committed by Mahadev and his friend and the applicant had done nothing at the time of murder of Gudda Thakur.

Learned counsel for the State has opposed the application.

After going through the memorandum of Mahadev, which simply says that he had given the Katta for safe custody to the applicant no. 2 and does not say anything against the applicant no. 2 that either he took part in the mar-peet with Gudda Thakur or caused him any injury or fired any shot on said Gudda Thakur, I consider present to be a fit case for directing the released of each of the applicants on bail.

The application is allowed. It is directed that the applicants be released on bail on their furnishing a personal bond in sum of Rs. 10,000/- each with one surety in the like amount to the satisfaction of CJM, Durg for their appearance before the said court/committal court/trial court or as and where so directed.

On 1st and 15th of every month, the applicants shall appear at the police station, Bairla for a period of one year or till the disposal of the trial, whichever is earlier. The applicants are forewarned that if they do not conduct themselves properly during the pendency of the trial and if are found involved in commission of any offence, then a complaint made to the C.J.M. in this behalf, the said court may cancel the bail and may take them back in custody.

C.C. today.