Anand Ram Kosariya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C No.

of 2015 Anand Ram Kosariya, S/o Ramprasad Kosariya, aged about 45 years (Wrongly mentioned as 70 years in the rejection order), R/o - Village Chilhati, Post Office & Post Station - Korar, Disrict Kanker (C.G.) ---- Applicant

Versus

State Of Chhattisgarh through the Station House Officer, Police Station - Korar, District Kanker (C.G.) ---- Non-applicant For Applicant:

Shri Shivendu Pandya, Advocate For Respondent/State:

Shri Neeraj Jain, Govt. Advocate for the State.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/08/2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No.158/2014 registered at Police Station - Korar, District Uttar Bastar, Kanker (C.G.) for the offences punishable under Sections 306 & 302 of the Indian Penal Code.

(2) Case of the prosecution is that the applicant is said to have strangulated his wife- Smt. Anita Kosariya and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that initially applicant has been charge sheeted for the offence under Section 306 IPC and

after conclusion of the trial charge under Section 302 IPC has also been framed against the applicant; and the applicant is in jail since 10.12.2014 and, therefore, the applicant may be released on bail.

(4) On the other hand, counsel for the State opposes the bail application.

(5) After hearing learned counsel for the parties and taking into consideration the nature & gravity of the offence and the manner in which the applicant/husband has strangulated his wife, I am not inclined to release the applicant on bail. Thus, the bail application is rejected. However, the trial court is directed to expedite the trial.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-