ASHWANI KUMAR DHEEWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is first application filed under Sec. 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to applicants, who are in custody since 10/10/2021 in connection with Crime No.486/2021 registered at Police Station Seepat, District Bilaspur (C.G.) for commission of offence punishable under Ss. 302, 201, 34 of Indian Penal Code.

(2.) Case of the prosecution, in brief, is that based on the merg intimation first information was registered against the unknown persons. During the course of investigation based on the statement of the witnesses recorded under Sec. 161 of Cr.P.C. and seizure of the cloths stated to be blood stained, applicants were also arrested along with co-accused persons Abdul Kalam and Rasul Khan on 10/10/2021.

(3.) Shri G.R. Miri, learned Senior Advocate for the applicants would submit that the applicants were arrested only on the basis of suspicion being the relative of the deceased Dinesh Dheewar. He contended that the applicants have been made accused only on the basis of the seizure of the cloths wherein the police pointed out the blood stain but in the FSL report there is no positive finding that the blood stain pointed out in the cloths seized from the present applicants to be of human blood. He submits that the applicants are in jail since 10/10/2021, there is no any material to connect the applicants with the aforementioned crime, hence they may be enlarged on bail.