Bijli Bai & ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 217 of 2019

1. Bijli Bai W/o Ramchandra Kenwat Aged About 60 Years,

2. Shanti Bai W/o Ashok Kumar Kenwat Aged About 30 Years,

3. Kavita Kenwat D/o Ramchandra Kenwat Aged About 24 Years, All R/o Risda .Police Station Baradwar ,district Janjgir Champa Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer ,police Station Baradwar ,district Janjgir Champa Chhattisgarh., District : JanjgirChampa, Chhattisgarh. ---- Respondent For the Applicants :

Shri K.K. Pandey, Advocate For the State :

Ms. M. Asha, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /01/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.315/2018 registered at Police Station Baradwar, District Janjgir-Champa (C.G.) for the offence punishable under Section 304-B, 34 of IPC.

3. Case of the prosecution, in brief is that deceased Rashmi Kenwat was residing in village Risda. Applicant No. 1 Bijli Bai is her mother-in-law. Applicant No. 2 Shanti Bai is her Jethani and applicant No. 3 Kavita Kenwat is her Nanad, she is unmarried. The marriage of the deceased was solemnized with Rajkumar @ Raju Kenwat on 20/04/2018. After the marriage applicants and her husband were used to harass her on account of demand of dowry and on account of bringing insufficient dowry. On 23/11/2018 deceased poured kerosene oil and set her on fire. On 24/11/2018 she died due to burn injuries.

4. Learned counsel for the applicants submits that they are innocent and

falsely implicated in the present case, therefore, they shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicants.

6. Counsel for the applicants further submitted that applicants were not present at the time of alleged incident. Deceased was abnormal, thus applicants may be released on bail.

7. The aforesaid facts narrated by the counsel for the applicants are subject matter of the scrutiny which cannot be done by this Court at this stage.

8. Looking to the facts and circumstances of the case, looking to the seriousness of the alleged offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected. Sd/- (Sharad Kumar Gupta) Judge Kamde