Roshan v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2508 of 2019 Roshan, S/o Girdhar Sahu, aged about 24 years, R/o Piperload, Police Station Sargaon, District Mungeli (CG). ---- Applicant
Versus
State of Chhattisgarh, through Station House Officer, Police Station Sargaon, District Mungeli (CG). ---- Non-applicant For Applicant : Mr. Amit Kumar Sahu, Advocate For Non-applicant : Ms. Sangeeta Mishra, Govt. Advocate Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 14.05.2019 1.
This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other Court.
2.
The applicant has been arrested in connection with Crime No.03/2019 registered in Police Station Sargaon, District Mungeli for the offence punishable under Sections 306, 498A of Indian Penal Code. 3.
Prosecution story in brief is that the present applicant is a husband of deceased Smt. Suman Sahu. The marriage of the applicant and deceased was solemnized four years ago. The applicant used to abuse and beat her. On 23.11.2018 deceased herself poured kerosene oil on her body and set her on fire. Consequently, she died on 27.11.2018 during treatment in CIMS Hospital, Bilaspur.
4.
Counsel for the applicant submitted that the applicant has not committed any offence and has been falsely implicated in the case and as such the applicant may be released on bail.
5.
On the other hand, counsel for the State opposed the bail application. She further submits that previously no criminal antecedent is reported against the applicant in police case diary.
6.
Looking to the above mentioned facts and circumstances of the case, looking to the seriousness of the offence and looking to the impact of granting bail to the applicant on society, this Court is not inclined to give benefit of Section 439 of the Cr.P.C. to the applicant. Consequently, the bail application is rejected.
7.
Certified copy as per rules.
Sd/- (Sharad Kumar Gupta) JUDGE L/-