HOLIKA CHELAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Applicant has filed this second bail application under Sec. 439 of Cr.P.C. for grant of regular bail as he has been arrested in connection with Crime No. 127/2021 registered at Police Station-Khamhardih, District-Raipur (CG) for the offence punishable under Ss. 399, 402, 455 of IPC and Ss. 25, 27 of the Arms Act.

(2.) Case of the prosecution is that on 21/7/2021, two of the co-accused persons, went to Kashi Apartment with an intent to commit dacoity in the house of complainant. When they reached to house of complainant, they found door of the flat open, complainant was sitting in drawing room and surfing on her mobile phone. The two accused persons entered the house, to which she obstructed. She pushed one of the persons who entered the house, upon which, he dashed with second person. Upon shout and scream, accused persons tried to flee away. Hearing the scream of the complainant, neighbour Vikas also came there and they have informed Raju Kosle, (guard of the apartment) about the incident. Thereafter, Dinesh and Vishal were caught while they were trying to flee away jumping boundary wall. They were arrested and their memorandum statement was recorded. Based on their memorandum statement, other co-accused persons were also implicated and arrested.

(3.) Learned counsel for the applicant would submit that the applicant has been falsely implicated in the crime. He has not committed any offence as alleged against him. He was arrested only on the basis of memorandum statement of Vicky @ Vishal Verma who was allegedly caught on spot while fleeing away along with one another accused person. He contended that after rejection of first bail application, the prosecution witnesses have been examined particularly the witnesses to the memorandum statement namely Vinay Sahu (PW5) and Shivmohan Pandey (PW6), but they have not supported the case of prosecution. Applicant is in jail since 22/7/2021. Hence, he may be enlarged on regular bail.