Kanhaiya Banjare v. State Of Chhattisgarh
MCRC No. 4376 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Order reserved on 09-08-2021 Order delivered on 17-08-2021 MCRC No. 4376 of 2021 • Kanhaiya Banjare S/o Late Shri Damru Ram Aged About 38 Years R/o Village Madanpur Injko, P. S. Pathalgaon, District Jashpur Chhattisgarh ---Applicant
Versus
• State Of Chhattisgarh Through Police Station Pathalgaon, District Jashpur Chhattisgarh ---- Respondent For Applicant Dr. Shailesh Ahuja, Advocate For Respondent /State Mr. Arjit Tiwari, PL (Proceedings through Video Conferencing) Hon'ble Mr. Prashant Kumar Mishra, Ag.CJ CAV Order
1. Heard.
2. The applicant has preferred this first bail application under Section 439 of CrPC, as he is arrested in connection with Crime No.65/2020, registered at Police Station Pathalgaon Distt. Jashpur C.G., for the offence punishable under Section 302 of the I.P.C.
3. Applicant has allegedly committed murder of his second wife
MCRC No. 4376 of 2021 Anuradha on 22.4.2020. It is this applicant who informed ASI Jeevnath Giri that he has committed murder of his wife. The dead body of deceased was found in the applicant's house in the morning of 22.4.2020. The deceased was found to have sustained injuries caused by means of Chhuri (knife). In his memorandum statement recorded on 22.4.2020, the applicant disclosed that deceased raised quarrel and compelled his first wife to leave the house. On 22.4.2020, he was speaking to his first wife over telephone, which was objected by the deceased, therefore, he committed her murder.
4. In the bail rejection order passed by the trial Court on 28.5.2021, it is observed that the entire prosecution witnesses have been examined and only cross-examination of the Investigating Officer remains.
5. Considering the quality of evidence and for the fact that the trial has almost come to an end, this Court is not inclined to grant bail to the applicant.
6. Accordingly, the bail application is rejected. Sd/- (Prashant Kumar Mishra) Acting Chief Justice Ayushi