Premlata Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1808 of 2020 • Premlata Sahu W/o Madhav Sahu, aged about 26 years, R/o Khaira Jairamnagar, Police Station Masturi, District Bilaspur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through : Station House OfÏcer, Police Station Masturi, District Bilaspur (C.G.) ---- Respondent For Applicant :

Shri Dharmesh Shrivastava, Advocate.

For Respondent. :

Shri Siddharth Dubey, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board /06/2020 1.

The applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as she is in custody since 17.02.2020 in connection with Crime No.67/2020 registered at Police Station : Masturi, District Bilaspur (C.G.) for the offence punishable under Sections 302 and 201 IPC.

2.

The allegation against the present applicant is that she committed murder of her mother-in-law by pressing her mouth in the house. Based on this, offence has been registered. The present applicant is in custody since 17.02.2020.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He also submits that the applicant only assaulted her mother-in-law by hands and fists and she had no intention to kill the deceased. He further submits that the applicant is in jail since

17.02.2020 and there is no likelihood of her case being decided in near future and, therefore, she may be released on bail.

4.

On the other hand, State counsel opposing the bail application submits that the deceased was found dead in the house, and at the relevant time, the applicant was present there and she was under obligation to offer plausible explanation as to how deceased died but she failed to do so. 5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the totality of the facts and circumstances of the case, gravity of offence and further considering the quality of evidence, at this stage, I am not inclined to release her on bail.

7.

Accordingly, her application filed under Section 439 of the Code of Criminal Procedure is rejected.

Sd/- (Rajani Dubey) Judge Pekde