GEND RAM & ANR. Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD . This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 59/2007 registered at Police Station - Sarseewan, District Raipur (C.G.) for the offence punishable under Section 302 & 397 of the IPC.

(2.) THE case of the prosecution is that on 20.05.2007, the dead body of the deceased - Hagru was found in an open place near the village. Dehatinalisi was given by the son of the deceased namely Gangaram on the same day. After recovery of the dead body, it was sent for postmortem and the postmortem report would show that the deceased had received injuries and the death was homicidal in nature. It is stated that the deceased was a cattle vendor. He had gone to sell cattle in a different village and had not returned back and ultimately, he was found dead on 20.05.2007. During the course of investigation, memorandum of applicant - Santosh was recorded, on which some article of the deceased was seized from his possession. In the introductory part of the memorandum, this applicant takes the name of applicant - Gend Ram. The memorandum of applicant - Gend Ram was also recorded, in which, he stated that he had received currency note of Rs. 2200/ -, but the same was spent by him. Therefore, there was no seizure from the possession of this applicant. Learned Counsel for the applicants submits that as far as applicant -Gend Ram is concerned, there was no seizure from him and his name only comes in the introductory part of the memorandum of applicant - Santosh. He prays for releasing the applicants on regular bail.

(3.) ON the other hand, learned Counsel for the State opposes the bail application. Considering the facts and circumstances of this case, particularly considering the circumstance that on the memorandum of applicant - Santosh, article belonging to the deceased i.e. his personal diary, was seized from his possession, I am of the opinion that present is not a fit case in which this applicant should be enlarged on regular bail. The application filed under Section 439 of the Code of Criminal Procedure on behalf of applicant - Santosh is dismissed. As far as applicant - Gend Ram is concerned, no evidence is available against him, therefore, he deserves to be released on regular bail. The application filed under Section 439 of the Code of Criminal Procedure on behalf of applicant - Gend Ram is allowed.