Anwar Khan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2312 of 2021 • Anwar Khan S/o Munna Khan Aged About 36 Years R/o Haji Malang Heel Line Jila Thade Maharashtra 400601 ---- Applicant

Versus

• State Of Chhattisgarh Through Thana G.R.P. District Bilaspur Chhattisgarh. ---- Respondent For Applicant - Mr. Krishna Kumar Khatri, Advocate For State - Mr. Ashish Tiwari, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 20.07.2021 1.

This is the first bail application filed under Section 439 of CrPC for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 197/2019 registered in Police Station G.R.P. Distt. Bilaspur (C.G.) for offence punishable under Sections 307 of Indian Penal Code. 2.

As per the prosecution case, on 13.11.2019 the applicant tried to kill his son Sufian by burning him alive, subsequently other persons intervened and he was saved however the chest and abdomen of the child were burnt to the extent of 25 percent.

3.

Learned counsel for the applicant submits that the applicant is in jail since more than one and a half year, no progress of the case is taking place. It is stated that the incident happened in the train as the applicant tried to light the Cigarette or Bidi by a match box and there was no intention to kill. 3.

Per contra, learned State counsel opposes the submission and reads out the statement of the victim child Sufian of aged about 10 years. 5.

Considering the statement of Sufian aged about 10 years, I am not inclined to release the applicant on bail. Accordingly, the bail application filed under Section 439 of Cr.P.C. stands rejected.

6.

Certified copy as per rules.

Sd/- sd/- (Goutam Bhaduri) Judge Vishakha