Shohan Dewangan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3156 of 2018 Sohan Dewangan S/o Chhabiram Dewangan Aged About 34 Years R/o Village Madiyapar, Police Station Bori, Tahsil Dhamdha, District Durg Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Bori, District Durg Chhattisgarh ---- Respondent For applicant - Shri B.P. Singh, Advocate.

For Respondent/State -Shri Suryakant Mishra, PL. Hon'ble Shri Justice Goutam Bhaduri Order 25/07/2018 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.99/2017 registered in Police Station Bori, District Durg (C.G.) for offence punishable under section 302 of IPC. 2.

As per the prosecution case, one Uttara Bai wife of the applicant died because of the head injury. It is alleged that the present applicant has beaten the wife which caused the death.

3.

Learned counsel for the applicant submits that there are two eye witnesses in this case one is Jagendra and other is Sangita who are inmates of the house, they have not supported the case of the prosecution and has not attributed any allegation against the applicant. He submits that the deceased infact fell down from the stair which caused death, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of the eye witnesses. It appears that they have not supported the case of the prosecution. Considering the fact, without any observation on the merit, this court is inclined to release the

applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Sd/- (Goutam Bhaduri) JUDGE gouri