KULDEEP TIGGA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD.

(2.) THIS is the second bail application filed under Section 439 of the Code of Criminal Procedure. The earlier bail application was dismissed, as withdrawn vide order dated 21-3-2007 passed in M.Cr.C. No. 19/2007, therefore, this bail application is being considered on merits.

(3.) THE case of the prosecution is that 3 friends namely Kuldeep Tigga (present applicant), Raju Nishad (since deceased) and Pramod Tirkey (co-accused, who has already been granted bail) were going to the house of deceased - Raju Nishad on a Rajdoot motorcycle. On the way, they stopped at a particular place. At what time, some telephonic calls was received on the mobile set of applicant-Kuldeep Tigga. On this, the deceased asked that from where the call is coming, and in reply, the applicant said that the call is coming from his girlfriend, on which, the deceased said something to the applicant, who in anger started beating the deceased alongwith the co-accused by hands and fists. It is alleged that during the course of quarrel, the applicant took one stone and gave a fatal blow on the head of the deceased. THE deceased was admitted to Raipur Hospital, where he died on 25-10-2006 at about 10:25 p.m.