High Court Of ChhattisgarhMCRC/535/2016dismissed

Manaram Kurre v. State Of Chhattisgarh

2016-02-11Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.535 of 2016 Manaram Kurre, S/o Ramlal Kurre, aged about 41 years, R/o Village Dhangaon, Police Station Sarsinwa, District Balodabazar-Bhatapara (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through its Police Station Sarsinwa, District Balodabazar-Bhatapara (C.G.) ---- Non-applicant For Applicant:

Mr. Ravi Maheshwari, Advocate.

For Non-applicant:

Mr. Neeraj Kumar Sharma, Dy. Govt. Advocate.

For Objector:

Mr. Pawan Kesharwani, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 11/02/2016

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.249/2015, registered at Police Station Sarsinwa, Distt. Balodabazar-Bhatapara, for the offence punishable under Section 306 read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that on 20-11-2015, the applicant took deceased Pooja Kurre with him against her will and committed sexual intercourse with her, and on the same day, husband of the deceased Puniram Kurre poured kerosene oil on her by which she died on 25-11-2015.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case, it is the husband of Pooja Kurre who is responsible for her death as he has poured kerosene oil on her body and by which she

died on account of burn injuries sustained by her. The applicant is in jail since 30-11-2015.

4. On the other hand, learned State counsel opposes the application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, role of the applicant and the manner in which the deceased is said to have died on 25-11-2015, I do not consider it a fit case to enlarge the applicant on regular bail. The application is, therefore, rejected.

Sd/- (Sanjay K. Agrawal) Judge Soma