Shyamsunder v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 835 of 2017

1. Shyamsunder, S/o. Besahu, Aged About 25 Years.

2. Chana Bai, W/o. Shri Besahu, Aged About 55 Years. Both R/o. Village Madi Sarai, Police Station Janakpur, Tahsil Bharatpur, District Koriya, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh, Through Incharge Police Station Janakpur, District Koriya, Chhattisgarh ---- Respondent --------------------------------------------------------------------------------------------------- For Applicants :

Mr. Krishna Kumar Khatri, Advocate.

For Respondent :

Mr. Anil S. Pandey, Govt. Advocate.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 01.02.2017 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No.61/2016 registered at Police Station- Janakpur, District Koriya (C.G.) for the offence punishable under Section 498, 307, 34 of Indian Penal Code. The first bail application was dismissed on merit on 18.07.2016 in MCRC No. 3786 of 2016. 2.

As per the case of the prosecution, the victim was married to applicant No.1 Shyam Sunder and there was a dispute in the family members and she was subjected to torture, kerosene was poured on her body and she was set ablaze by co-accused Chana Bai, who is her mother-in-law, as a result of which, she sustained 25% burn injuries and thereby the aforesaid offence was committed. 3.

Learned counsel for the applicants submits that the applicants are ailing, therefore, the bail application may be considered again.

4.

Perusal of the file would show that no documents have been placed on record to project that the applicants are ailing. 5.

Perused the earlier order. Since the dismissal was on merit, I do not find any change of circumstances to reconsider the instant second bail application.

6.

Accordingly, the second bail application is dismissed at the admission stage itself.

Ashok Sd/- (Goutam Bhaduri) Judge