VIJENDRA SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.599/2015, registered at Police Station Kotwali, Ambikapur, District Sarguja, for the offence punishable under Sections 307, 120 -B read with Section 34 of the IPC; Sections 25 and 27 of the Arms Act.

(2.) Case of the prosecution, in brief, is that on 22 -10 -2015 at 7.30 p.m., the applicant and three co -accused persons reached Ravi Petrol Pump owned by Smt. Sumila Paikra and also partnered by Jitendra Singh, and made fire arm injury to Jitendra Pandey, Manager of the said Petrol Pump, by which he suffered simple injuries. Eight rounds of fire were made by country made pistol by Rahul Singh, Jack Singh and Vikas Giri, and the applicant is said to have substantively and fully conspired with these persons to kill Jitendra Singh.

(3.) Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the offence in question. The applicant is presently not owning the petrol pump and no test identification parade has been conducted by the prosecution during investigation. Despite the availability of CCTV footage, the CCTV has not been seized by the police during investigation and it has not been filed along with the charge -sheet. No incriminating article has been seized from the applicant and no injury of fire arm has been found to any of the complainants. Jitendra Singh, to whom the applicant is said to have conspired for killing, was not available on the spot at the time of incident. The applicant is in jail since 9 -11 -2015 and charge -sheet has been filed.