DHANESHWAR PRASAD NAPIT 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.235/2018, registered at Police Station - Dongargaon, District - Rajnandgaon (C.G.) for the offence punishable under Section 302 , 201 of the Indian Penal Code.

(2.) It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 29.08.2018. One constable - Arti Kunjam went missing on 17.08.2018. Subsequent to that one dead body was found in the river of which the head and both upper and lower limbs were missing. The dead body was identified by Shiv Balak Singh Kunjam, the father of the missing Arti Kunjam as the body of his daughter, which is not conclusive identification and the police has not conducted any DNA test for confirmation of this identification and without any evidence, this applicant has been prosecuted. In further development, all the important witnesses have been examined before the trial Court and none of them have supported the prosecution case. Therefore, it is prayed that the applicant may be enlarged on regular bail.

(3.) On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that there are yet some witnesses to be examined, therefore, the case against the applicant may take new turn, hence, the application be rejected.