Krishna Kumar Sen v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6611 of 2020 • Krishna Kumar Sen, S/o Amrit Lal Sen, aged about 25 Years, R/o Village Bhagwanpur, P.S. Janakpur, District Korea (Chhattisgarh). ----Applicant

Versus

• State of Chhattisgarh, Through Incharge Police Station Janakpur, District Korea (Chhattisgarh) ---- Respondent For Applicant Ms. Usha Chandrakar, Advocate.

For State Mr. Rakesh Sahu, Deputy G.A.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 01/12/2020

1. The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 16.06.2019 in connection with Crime No.65/2019 registered at Police Station- Janakpur, District Korea, C.G. for the offence punishable under Section 302 of Indian Penal Code.

2. Allegation against the applicant is that in the intervening night of 15th - 16th June, 2019, the applicant committed murder of his wife with Axe.

3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in this case. He submits that most of the important prosecution witnesses examined so far have not supported the prosecution case. The

applicant is in jail since 16.06.2019 and, therefore, he be released on bail.

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

5. Considering the facts and circumstances of the case, the gravity of the offence, in particular the fact that the trial is in progress and is likely to conclude in near future as most of the prosecution witnesses have been examined, I do not consider present to be a fit case to release the applicant on bail at this stage.

6. Accordingly, the application MCRC No.6611 of 2020 is rejected. Sd/- Gautam Chourdiya Judge Akhilesh