Fulkuwar Ratre v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5401 of 2016 Fulkuwar Ratre W/o Late Rath Ram Ratre Aged About 36 Years, R/o Village - Dhamni, P.S. - Hasod, District - Janjgir - Champa, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through P.S. - Hasod, District - Janjgir - Champa Chhattisgarh ---- Respondent For applicant - Smt. Laxmin Tondey, Advocate. For Respondent/State - Shri Anupam Dubey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 14/09/2016 1.

The applicant has preferred this application for grant of bail as she is arrested in connection with Crime No.53/2016 registered in Police Station Hasod, District-Janjgir-Champa (C.G.) for offence punishable under section 302 of IPC.

2.

As per the prosecution case, on 4/05/2016 one Rathram was killed who is husband of the applicant. It is alleged that over some dispute the deceased was assaulted by way of spade on his head by the applicant who is the wife.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case, no evidence is available against the applicant except the memorandum and no eye witnesses are present, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement, memorandum and the recovery. Seizure of the spade was made at the instance of the applicant which was blood stained. Considering the primary evidence, this court is not inclined to release the applicant on bail.

6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri