SAGAR SINGH CHAUHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 475/2013, registered at Police Station Gharghoda, District-Raigarh (C.G.), for the offence punishable under Section 302 of I.P.C.

(2.) Case of the prosecution, in brief, is that on 01/12/2013 applicant caused death of Kamleshwar by smoothing and thereby committed offence.

(3.) Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in the offence in question. He would further submit that First Information Report has been lodged on 17/12/2013 and the memorandum of present applicant was recorded on 19/07/2014. He would further submit that pursuant to the memorandum statement, no seizure has been made from the present applicant and as such, such a memorandum is not admissible in law. He would also submit that no custodial interrogation is required and no useful purpose would be served by keeping him in jail. He would lastly submit that charge sheet has been filed and applicant is in jail since 19/07/2014, therefore, he may be released on regular bail.