Purshottam Sahu & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1801 of 2019

1. Purshottam Sahu . S/o Siyaram Sahu Aged About 25 Y Years

2. Siyaram Sahu S/o Jaitram Sahu Aged About 50 Years Both are R/o Village Jamri, P. S. Dongargarh, Civil And Revenue District Rajnandgaon Chhattisgarh, ---- Applicants

Versus

State Of Chhattisgarh Through P. S. Dongargarh, Civil And Revenue District Rajnandgaon Chhattisgarh ---- Respondent For the Applicant :

Shri Prafulla Bharat, Advocate For the State :

Shri Vinod Tekam, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /04/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.60/19 registered at Police Station Dongargarh, District Rajnandgaon (C.G.) for the offence punishable under Section 306/34 of IPC.

3. Case of the prosecution, in brief is that applicant No. 1 Purshottam Sahu is the husband of the deceased Jaishri Bai Sahu. Applicant No 2 Siyaram Sahu is her father-in-law. Applicants were used to ill-treatment with deceased. Applicant No 1 Purshottam Sahu was used to quarrel with her. Deceased was upset with the applicants. On 11/01/2019 deceased poured kerosene oil on her body and set her on fire, consequently she died.

4. Learned counsel for the applicants submits that they are innocent and falsely implicated in the present case, therefore, they shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicants.

6. Counsel for the applicants further submitted that in the case in hand Section 107 of IPC does not attract.

7. Looking to the facts and circumstances of the case, looking to the seriousness of the alleged offence, looking to the impact of granting bail to the applicants on society, the present bail application is rejected. Sd/- (Sharad Kumar Gupta) Judge Kamde