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High Court Of ChhattisgarhMCRC/1092/2021rejected

Manharan Sahis v. State Of Chhattisgarh

2021-04-05Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1092 of 2021 Manharan Sahis S/o Shri Moti Ram Sahish, aged about 61 years (Now 63), Caste Sahish R/o Village Rahod, Police Station Shivarinarayan, Civil & Revenue District Janjgir-Champa (C.G.).

---- Applicant

Versus

State of Chhattisgarh through the Station House Officer, pOlice Station Shivarinarayan, Civil & Revenue District Janjgir-Champa (C.G.). ---- Respondent For Applicant :

Mr. Paras Mani Shrivas, Advocate For Respondent :

Mr. Vimlesh Bajpai, Dy. Govt. Advocate Hon'ble Shri Justice Gautam Chourdiya Order on Board 05/04/2021 1.

The applicant has preferred first bail application under Section 439 of the Cr.P.C for grant of regular bail as he is in jail since 07/01/2019 in connection with Crime No. 08/2019 registered at Police StationShivarinarayan (C.G.) for the offence punishable under Section 304 (B), 34 of the IPC 2.

As per prosecution story in the month of March, 2018, Deceased Sanju Sahish got married with accused Manoj Kumar. On 15/10/2018, the Deceased died by hanging. Thereafter, FIR has been lodged and the applicant was arrested on 07/01/2019.

3.

Learned counsel appearing on behalf of the applicant submits the applicant is an innocent person and has been falsely implicated in the present case. He further submits that after some time of marriage, the applicant and the Deceased started to live separately but later on suddenly, the Deceased committed suicide. He submits there is no

involvement of the applicant in the said crime. He prays to release the applicant on bail.

4.

Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5.

I have heard learned counsel for both the parties. 6.

Looking to the statements of the witnesses examined, particularly Seema Sahis (PW8), maximum witnesses have been examined and the trial is at conclusion stage and further looking to the fact that co-accused Geeta has been released on bail by the coordinate bench of this High Court on the ground that she is aged women and the case of the present applicant is different, I am not inclined to release the applicant on bail. 7.

Accordingly, the bail application is rejected. Sd/- (Gautam Chourdiya) Judge Rahul