Dhaneshwar Kujur @ Pintu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3597 of 2019 Dhaneshwar Kujur @ Pintu S/o Manohar Aged About 32 Years R/o Village Sahaspur, Police Station Sitapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Sitapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh. ---- Respondent For the Applicant :

Shri Anurag Singh, Advocate.

For the Respondent/State :

Shri Aditya Sharma, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

17.07.2019 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.123 of 2018, registered at Police Station - Sitapur, District - Surguja, Chhattisgarh for the offence punishable under Section 306 of the Indian Penal Code.

2.

Learned counsel for the applicant submits that the applicant is in jail since 25.1.2019 and has been falsely implicated in this case. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. The father of the deceased has not made any allegation against this applicant regarding giving any torture to the deceased.

Hence, it is prayed that the applicant be enlarged on bail. 3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. It is submitted that the death of deceased has taken place in suspicious circumstances which needs to be investigated. Hence, for these reasons, he is not entitled for grant of bail.

4.

Heard counsel for both the parties and perused the case diary. 5.

According to the prosecution case, deceased - Raveena Kujur was married to this applicant about two years prior to the date of incident. She was pregnant at the time of incident and her delivery was getting delayed, it is at that time on 24.12.2018, the deceased poured kerosene oil over her body and set herself ablaze and the deceased died immediately. After completion of merg enquiry, FIR has been lodged against this applicant on 16.1.2019.

6.

Perused the statement of father of the deceased given under Section 161 of the Cr.P.C. and on that basis, I feel inclined to grant bail to the applicant in this case.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi