Jethu Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4573 OF 2015 Jethu Ram S/o Sonsay Korva aged about 32 years Resident of village Fulidumar, Police Station Basantpur, District Balrampur-Ramanujganj (C.G.) ---Applicant

Versus

State of Chhattisgarh, through Police Station Basantpur, District BalrampurRamanujganj (C.G.). ---Non-applicant For Applicant :

Mr. A.K. Yadav, Advocate.

For-Non-applicant :

Mr. Aditya Sharma, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 07/09/2015 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. 35/2015, registered at Police Station Basantpur, District Balrampur-Ramanujganj (C.G.), for the offence punishable under Sections 307, 342 of I.P.C.

2.

Case of the prosecution, in brief, is that, applicant assaulted his wife by iron rod, by which, she suffered grievous injuries, which was sufficient to cause her death.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in the case. He would further submit that there is no grievous injury on the body of injured/victim as such there is some family dispute between applicant and his wife and the injuries suffered by the victim were not sufficient to cause her

death. He would lastly submit that applicant is in jail since 25/04/2015 and charge sheet has been filed, therefore, he may be released on bail. 4.

Learned State counsel would oppose the prayer for grant of bail. 5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; the manner in which applicant assaulted his wife by iron rod and also inserted iron rod in her private part, by which, she suffered grievous injuries, this Court is not inclined to release the applicant on regular bail. 7.

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

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari