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High Court Of ChhattisgarhMCRC/3452/2015dismissed

Ku. Kavita Thakur v. State Of Chhattisgarh

2015-07-27Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3452 OF 2015 Ku. Kavita Thakur D/o Shri Loknath Singh Thakur, aged about 43 years, R/o Motipur, Thana Kotwali, Distt. Rajnandgaon (C.G.) ---Applicant

Versus

State of Chhattisgarh, Through Thana Nawagarh, Distt. Bemetara (C.G.) ---Non-applicant For Applicant :

Mr. Samir Singh, Advocate.

For-Non-applicant :

Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 27/07/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 17/2015, registered at Police Station Nawagarh, Distt. Bemetara, for the offence punishable under Section 302 of the Indian Penal Code.

2.

Case of the prosecution, in brief, is that, present applicant is alleged to have murdered deceased Vijay Pratap on 03/10/2014. 3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in the case. He would further submit that charge sheet has been filed and applicant is in jail since 25/03/2015 therefore, she may be released on bail. 4.

Learned State counsel would oppose the prayer for grant of bail and submit that poison was found in deceased's body and applicant has illicit

relationship with deceased, and as such, she has murdered him. 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 offence; material collected by the prosecution against the applicant and manner, in which, deceased is alleged to have been murdered, this Court is not inclined to release the applicant on regular bail.

7.

Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected.

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari