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High Court Of ChhattisgarhMCRC/1450/2020rejected

Mariyanus Kujur v. State Of Chhattisgarh

2020-08-11Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1450 of 2020 • Mariyanus Kujur S/o Lukas Kujur Aged About 35 Years R/o Village Mohnipuri, P.S. And Tahsil Lailunga, District Raigarh Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Lailunga, District Raigarh Chhattisgarh ---- Respondent ___________________________________________________________________ For Applicant :

Mr. Manoj Kumar Jaiswal, Advocate.

For State :

Mr. Ravish Verma, G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 11/08/2020 Heard.

1. The applicant has moved this application for grant of bail as he is arrested in connection with Crime No.245/2019 registered at Police Station- Lailunga, District-Raigarh, C.G. for the offence under Section 302 of IPC.

2. Prosecution case is that the applicant murdered his wife by strangulating.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated. On a weak circumstantial evidence of extra-judicial confession and dead body found in the house, the applicant has been involved. He would submit that the applicant had no motive to kill his own wife and only on the basis of suspicion, the applicant has been involved.

4. On the other hand, learned State Counsel opposes and submits that the applicant gave extra-judicial confession not only before his father Lukas Kujur but also one Kamal Minj that he strangulated to death his wife. He would submit that the body of the deceased was found in the house where she resided with the applicant and according to medical report, cause of death was strangulation and there was fracture of hyoid bone.

5. Taking into consideration the submissions of learned counsel for the parties

and material available in the case diary, particularly the evidence relating to extra-judicial confession, nature of injury and the place where the dead body was found, present is not a fit case for grant of bail.

6. The bail application is accordingly rejected. Sd/- (Manindra Mohan Shrivastava) Judge Ravi