Smt. Soniya Baghel v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.5427 of 2020 Smt. Soniya Baghel W/o Shri Radhelal Baghel Aged About 40 Years R/o Village Bandhwa, P.S. Lalpur, District Mungeli, Chhattisgarh --- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, P.S. Lalpur, District Mungeli, Chhattisgarh ---- Respondent For Applicant :

Shri C.P. Lahrey, Advocate For Respondent/State :

Shri Ravish Verma, Dy. G.A.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 29/10/2020 Heard.

1. The applicant has been arrested in connection with Crime No.233 of 2019 registered at Police Station- Lalpur, District Mungeli (CG) for the alleged commission of offence under Section 302 of IPC.

2. Prosecution case is that the applicant poured kerosene and set the deceased on fire and thereby committed murder.

3. Learned counsel for the applicant would submit that she has been falsely implicated, she has not committed any such offence and it is a case of accident.

4. On the other hand, learned counsel for the State opposes the prayer and submits that in the dying declaration of the deceased, it has been clearly recorded by the Executive Magistrate that present applicant poured kerosene and set the deceased on fire, due to which, she sustained burn injury and ultimately succumbed to death.

5. Considering the material available in the charge sheet, particularly dying declaration of the deceased, present is not a fit case for grant of bail. The bail application is therefore rejected.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha