High Court Of ChhattisgarhMCRC/5313/2019rejected

Vinod Kumar Tati v. State Of Chhattisgarh

2020-01-23Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5313 of 2019 • Vinod Kumar Tati S/o Jeevlal Aged About 52 Years, R/o Chhinddand, Police Station And Tahsil Baikunthpur, District Koriya, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Station Baikunthpur, District Koriya, Chhattisgarh.

---- Respondent For Applicant :

Mr. Ganesh Ram Burman, Adv.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 23/01/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 130/2019 registered at Police Station - Baikunthpur, District-Koriya (C.G.) for the offence punishable under Sections 302 and 498 (A) of the IPC.

2. The allegation against the present applicant is that he has murdered his daughter-in-law/deceased because of her being harassed by Jitendra Kumar (husband of deceased), who is also son of the present applicant, in the name of demand of dowry and sending him to jail. Based on that, offence has been registered against the present applicant and he has been arrested on 30.04.2019.

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

implicated only on the basis of suspicion and the applicant is in jail since 30.04.2019, there is no likelihood of his case being decided in near future, therefore, the present appellant may be released on bail.

4. On the other hand, counsel for the State has strongly opposed the bail application submitting that the applicant did a very heinous crime of killing his daughter-in-law and prima facie there is evidence against him which shows his involvement in the crime. Thus, it is not a fit case to release him on bail.

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

6. Considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on bail.

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

Sd/- (Rajani Dubey) Judge H.L. Sahu