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High Court Of ChhattisgarhMCRC/4170/2018allowed

Horilal Sahu v. State Of Chhattisgarh

2018-07-06Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4170 of 2018

1. Horilal Sahu S/o Late Reshamlal Sahu, Aged About 58 Years Village - Pisid, Police Station Kasdol, Civil And Revenue District Balodabazar - Bhatapara Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station - Kasdol, Civil And Revenue District Balodabazar - Bhatapara Chhattisgarh.

---- Respondent For Applicant Shri Amarnath Pandey, Advocate For Respondent/State Shri Shashank Thakur, Govt. Advocate Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 06/07/2018 1.

Heard.

2.

The applicant has preferred this second bail application filed under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.207/2017 registered in Police Station Kasdol, Distridt Baloda Bazar-Bhatapara, for the offence punishable under Sections 302, 307 & 498-A read with Section 34 of the Indian Penal Code.

3.

The first bail application bearing M.Cr.C.No.6495 of 2017 was dismissed by order dated 12-12-2017.

4.

True it is that while rejecting the first bail application this Court observed that despite being present in the house, the applicant

(father-in-law) did not try to save the deceased, yet since at present the applicant has already remained in jail for more than one year and while answering query No.20 in the dying declaration the deceased has categorically stated that her father-in-law, the present applicant, is not responsible for setting her ablaze as also for the reason that while answering query No.16 she has stated that at the time of incident the applicant was in a different room, without commenting on merits, this Court is inclined to release him on bail.

5.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Judge Prashant Kumar Mishra Gowri