UTTAM AGARWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the second bail application filed under Section 439 of the Code of Criminal Procedure (for short "the Criminal Procedure Code") for grant of regular bail to the applicant, who has been arrested in connection with Crime No 124/2009 registered at Police Station Shankargarh, District Sarguja, for the offence punishable under Sections 364, 302 and 120-B of the Indian Penal Code.

(2.) The prosecution case, in brief, is that Omprakash Yadav (since deceased) was the Up Sarpanch of Gram Panchayat, Kotli. On account of political rivalry, the applicant as well as co-accused Rameshwar Uraon met with some naxalities, contacted them over phone and by hatching up criminal conspiracy on 13.12.2009 the co-accused called the deceased to Parasatoli, Kotli, for collecting rice where the accused persons executed the conspiracy and got the murder of the deceased committed with the help of sharp edged axe.

(3.) Shri Surendra Singh, learned senior counsel appearing with Shri Neeraj Mehta & Shri D.L. Dewangan, learned counsel for the applicant, would submit that there is no direct allegation against the present applicant for committing the murder of the deceased. In fact, the applicant has not committed any crime in question and he has been falsely implicated. No substantial material has been collected by the police against the applicant and he has been implicated in the instant crime only on the basis of memorandum of co-accused.