Gurbari Bai And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.A. No. 328 of 2018

1. Gurbari Bai, W/o Teejeram, Aged about 40 years;

2. Ramautin, W/o Ramsatah Tandan, Aged about 41 years; Both Caste are - Satnami, R/o Village - Tulsi, Police Station - Navagarh, Tahsil & District - Janjgir - Champa (C.G.) ---- Applicants

Versus

State of Chhattisgarh, Through : The District Magistrate, Janjgir, Tahsil & District Janjgir - Champa (C.G.) ---- Non-applicant For Applicants :

Mr. K.P. Gupta, Advocate.

For Non-applicant/State :

Mr. Gary Mukhopadhyaya, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 07/05/18 1.

The applicants have filed this application under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail apprehending their arrest in connection with Crime No.91/2017, registered at Police Station Navagarh, Tahsil & District Janjgir - Champa (C.G.) for the offence punishable under Sections 147, 148, 149, 427 and 436 of the I.P.C. 2.

Case of the prosecution in brief is that the present applicants along with other co-accused persons entered into the house of the complainant and poured kerosene oil to burn the house of the complainant and thereby committed the aforesaid offence.

3.

Learned counsel for the applicants submits that the applicants have

not committed any offence and have been falsely implicated in crime in question. He further submits that the co-accused persons have been declared absconded till 25-06-2017, therefore, the applicants are entitled for anticipatory bail.

4.

On the contrary, learned State counsel has opposed the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence and the applicants remained absconded till 25-06-2017 and did not cooperate in investigation or trial, I do not consider it a fit case for grant of anticipatory bail to the applicants.

7.

Accordingly, the bail application filed under Section 438 of the Cr.P.C. is rejected.

Sd/- (Sanjay K. Agrawal) Judge Kvr