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High Court Of ChhattisgarhMCRC/4225/2021rejected

Dhaniram Kaushal Alias Koshle & Another v. State Of Chhattisgarh,

2021-08-11Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4225 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4225 of 2021

1. Dhaniram Kaushal Alias Koshle S/o Chandrabhan Koshle, Aged About 29 Years

2. Deepak Kumar Kaushal Alias Koshle, S/o Chandrabhan Koshle, Aged About 24 Years Both R/o Sakin Kareli Thana - Suhela, District Balodabazar Bhatapara, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh, Through The Police Station Suhela, District Balodabazar Bhatapara, Chhattisgarh. ---- Respondent For Applicants :- Ms. Supriya Upasane, Advocate For Respondent-State :- Mr. Vikram Sharma, Dy.G.A Proceedings through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag.CJ Order On Board 11/08/2021

1. The applicants have preferred this bail application under Section 439 of the Cr.P.C. for grant of regular bail as they are arrested in connection with crime No.101/2020 registered in Police Station Suhela, Distt. Balodabazar Bhatapara for the offence punishable under Sections 307, 302, 506 & 34 of the I.P.C.

MCRC No. 4225 of 2021

2. Applicants along with co-accused Sukhdev, Tilak Kaushal, Chandrabhan, Kavita and Menka has been sent for trial for committing murder of Kiran Koshley (deceased) and attempting on life of her five months old daughter.

3. Although Coordinate Bench has allowed bail to other coaccused, the fact remains that the main allegation, as per prosecution story, is that applicant No.2 Deepak Kumar Kaushal caught hold off her hands and thereafter applicant No.1 Dhaniram Kaushal poured kerosene and set the deceased ablaze. The five months old daughter has also sustained burn injury. In the dying declaration of the deceased Kiran Koshley she has narrated the whole story as mentioned above.

4. Considering the nature of allegation, I am not inclined to release the applicants on bail.

5. Accordingly, the bail application is rejected. SD/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi