Sachin Yadav v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BIL Order Sheet MCRC No. 7029 of 2015 • Sachin Yadav S/o Late Shankar Lal Yadav Aged About 25 Years R/O Shiv Nagar, Rajiv Nagar Ward, Durg, Police Station City Kotwali, Durg, Tahsil & District Durg Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through - Station House Officer, Police Station City Kotwali, District Durg Chhattisgarh --- Respondent 04.01.2016 Mr. Manish Upadhyay, counsel for the applicants. Mr. Ramakant Mishra, Dy.A.G., for the State.

This is an application filed u/s 439 of the Code of Criminal Procedure for grant of regular bail to the applicants in connection with Crime No. 518 of 2015 registered at Police Station City Kotwali, District Durg (C.G) for the offence punishable under Section 302 IPC.

As per the prosecution case, the applicant on 03.07.2015 at about 4.00 p.m., came to his house in drunken condition and due to some dispute between him and deceased wife, he assaulted her and poured kerosene oil on her and and set her ablaze.

Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and no offence has been committed. He further submits that the charge sheet in this case has been filed and the applicant is in jail since 05.07.2015, therefore, he may be enlarged on bail.

Per contra, learned State Counsel opposes the bail.

Perused the case diary and the charge sheet.

The case diary also contains the dying declaration wherein the allegations have been attributed to this applicant and considering the same, I am not inclined to allow the bail application. Accordingly, it is rejected. Sd/- GOUTAM BHADURI JUDGE Rao