High Court Of ChhattisgarhMCRC/923/2019rejected

Shrinath And ORS. v. State Of Chhattisgarh

2019-04-18Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 923 of 2019

1. Shrinath S/o Prem Rawat Aged About 22 Years R/o Village- Raja Aama, Police Station- Lailunga, District- Raigarh, Civil And Revenue District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh

2. Anil Urao S/o Sukul Urao Aged About 20 Years R/o Village- Raja Aama, Police Station- Lailunga, District- Raigarh, Civil And Revenue District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh

3. Bode Urao S/o Lallu Aged About 21 Years R/o Village- Raja Aama, Police Station- Lailunga, District- Raigarh, Civil And Revenue DistrictRaigarh, Chhattisgarh., District : Raigarh, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through Police Station- Lailunga, DistrictRaigarh, Chhattisgarh., District : Raigarh, Chhattisgarh. ---- Respondent For the Applicant :

Shri Ashutosh Mishra, Advocate For the State :

Ms. M. Asha, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /04/2019

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.06/2019 registered at Police Station Lailunga, District Raigarh (C.G.) for the offence punishable under Sections 304, 201/34 of IPC and 135 of Electricity Act.

3. Case of the prosecution, in brief is that deceased is Mohit Rathiya. Applicants had illegally connected the electric wire from electric pole to kill the wild boar. On 31/12/2018 at about 23.00 hours, near Chhuibera Tikra Amapali, deceased stucked in said electric wire and died due to electric current. Applicant and co-accused threw the dead body of the deceased in forest.

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. Looking to the above mentioned facts and circumstances of the case, looking to the seriousness of the alleged offence, looking to the impact of granting bail to the applicants on society, the present bail application is rejected.

Sd/- (Sharad Kumar Gupta) Judge Kamde