SANDEEP SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/applicants who are in custody in connection with Crime No.90/2023 registered at Police Station - Saja, District - Bemetara, for the offence punishable under Ss. 436, 147, 148, 149 of the IPC has filed this application for grant of bail.

(2.) Case of the prosecution in brief is that the complainant Prakash Das Manikpuri has lodged an FIR alleging in it that on 8/4/2023, in his village, one murder has been caused by Nawab Khan and others and there was annoyance in the said locality due to such death, therefore, members of the Vishva Hindu Parishad, Bajrang Dal assembled in the village and also called Chhattisgarh Band (close) on 10/4/2023. On the same day, some unknown persons has put fire on the house of one Khatun Bee at about 14.00 - 14.30 hours. At the time of such incident, the family members of the Khatun Bee were not present on the said house, though substantial loss has been caused. During the investigation, accused persons were apprehended and memorandum statements of Durgesh and Manish has been recorded, in which, they have categorically stated that the other co-accused Shiva Mandavi has took the petrol from the tanker of the motorcycle of the other coaccused Manish Dhruv and by using the said petrol he has ablazed the house of the Khatun Bee. Based on such allegations the aforesaid offences were registered and applicants have been arrested.

(3.) Learned counsel for the applicants submits that the accused/applicants are innocent and have been falsely implicated in the case. He further submits that the main allegations are against the other co-accused Shiva Mandavi and Manish Dhruv as the Manish has provided petrol from his motorcycle and Shiva has caused such incident. It is next submitted that the present applicants were only present at the spot, they have not pelted stone on the said house neither in any way caused loss to the house and only on suspicion they have been arrested. It is further submitted that Durgesh Kumar Verma was arrested on 17/4/2023 and the other co-accused persons are behind the bar since 13/4/2023, investigation has been completed and charge-sheet has been filed, therefore, if they may be set at liberty by granting bail, they would abide by all terms and conditions imposed on them while granting bail.