CHHOTELAL ALIAS TAMATAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/applicant Chhotelal alias Tamatar has preferred this application under Section 439 of the Cr.P.C. for his release on bail in connection with the offence registered in Police Station Jamul, District-Durg at Crime No. 263/2003 under Sections 399 and 402 of the I.P.C. and Sections 25 and 27 of the Arms Act.

(2.) The case of the prosecution is that on 26th October 2003 at about 4.00 p.m. the S.H.O. Police Station Jamul Rakesh Bhatt received a credible information that few persons are making preparation to commit dacoity. On receiving this information he alongwith staff proceeded towards the site i.e. near Water Tank, Housing Board, Jamul where the present accused/applicant alongwith five other accused persons were sitting; and as per the prosecution case Head Constable Lokeshwer overhead their talks in which they were talking after the sun set in the darkness of the night they will commit dacoity in the R.K. Industries. After hearing this conversation the police party reached to the scene and they arrested all the accused persons. A sword was recovered from the present accused/applicant, one iron farsha was recovered from Santosh, an iron knife was recovered from Raju, an iron rod was recovered from Jhankar Babloo and bamboos were recovered from Ravi Kumar and Abhimanu, they were an-ested for the aforesaid offence and after investigation the charge sheet has been filed. I have heard learned Counsel for the parties.

(3.) Learned Counsel for the accused/applicant submits that in this case Shri Rakesh Bhatt, S.H.O. received information, he lodged complaint and also investigated the matter. He further argued that the accused/applicant is a poor labourer and he has been falsely implicated in the crime. Moreover he is in custody since 26/10/2003 and so far the charge has not been framed and the trial is likely to take time.