Ramsingh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6803 of 2018 Ramsingh S/o Amar Sai Harijan Aged About 40 Years By Caste Chamar, R/o Jaipur Police Station Premnagar District Surajpur, CG ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Premnagar District Surajpur, CG ---- Respondent For applicant Mr. Rahul Mishra, Adv.

For Respondent/State Mr. Ramakant Pandey, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 12-111. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested in connection with Crime No. 33/2018 registered in police station Premnagar, Distt. Surajpur (CG) for offence punishable under Section 302 of the IPC.

3. Prosecution story in brief is that applicant is husband of deceased Phoolbasia Bai. On 26-4-2018 the applicant intimated to Police Station Premnagar that when he returned back after his duty at 7 pm he saw that Phoolbasia Bai was lying flat. She died due to excessive consumption of liquor. He had no doubt about the death of the deceased. As per post mortem report, the death of the deceased was homicidal in nature. On the memo of applicant, one blood like stained shirt was seized from him.

4. Shri Rahul Mishra, Counsel for the applicant argued that the applicant is innocent and falsely implicated hence he may be released on bail.

5. On the other hand, the State Counsel opposed the bail application.

6. Looking to the facts and circumstances of the case, conduct of the applicant regarding giving information of death of deceased to PS Premnagar, and looking to the memo and seizure, the bail application of the applicant is rejected.

Sd/- (Sharad Kumar Gupta) Judge pathak