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High Court Of ChhattisgarhMCRC/7109/2021rejected

Rajkumar Singh v. State Of Chhattisgarh

2021-10-26Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7109 of 2021 • Rajkumar Singh S/o Heeralal Aged About 37 Years R/o Neur, P.S. Kotadol, Tahsil Bharatpur, District- Korea (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House OfÏcer, P.S. Kotadol, District- Korea (C.G.) ---- Respondent For Applicant.

:

Mr. Ramsevak Soni, Adv.

For Respondent/State :

Mr. Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 26.10.2021 The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 57/2020 registered at Police Station - Kotadol, Civil and Revenue District Korea (C.G.) for the offence punishable under Section 302 of the IPC. The prosecution story in a nutshell is that, complainant informed the concerned police station regarding the death of the deceased stating that dead-body of his sister has been found in bleeding condition. Based on that, during investigation, husband of the deceased/present applicant has been arrested on the basis of memorandum of statement.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further

submitted that the applicant has been arrested only on the basis of suspicion. The applicant is in jail since 29.08.2020, and he is ready to furnish adequate surety and shall abide by all the directions and conditions imposed upon him by the Court, therefore, he may be released on bail.

Learned State counsel opposes the bail application and submits that looking to the gravity and nature of the crime, the applicant may not be released on bail.

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

Considering the totality of the facts and circumstances of the case and particularly the nature of crime, at this stage, I am not inclined to release him on bail.

Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.

Sd/- (Rajani Dubey) Judge V/-