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High Court Of ChhattisgarhMCRC/6831/2018dismissed

Jagan @ Jagendra Singh v. State Of Chhattisgarh

2018-10-26Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6831 of 2018 Jagan @ Jagendra Singh S/o Sarvesh Singh Mandavi Aged About 24 Years R/o Village- Kargidih, Police Station And Tahsil- Lundra, DistrictSarguja, CG ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Thana InchargeKotwali, Ambikapur, District- Sarguja, CG ---- Respondent For applicant Mr. Jitendra Shrivastava with Ms. Laxmi Verma, Advs. For State Mr. Ashok Swarnkar, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 26-101. 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. 211/2018 registered in police station Kotwali, Ambikapur, Distt, Sarguja (CG) for offence punishable under Section 302, IPC.

3. Prosecution story in brief is that the applicant is husband of deceased Parvati Bai. On 23-4-2018, he beat her and pushed her to Bhitka, head of the deceased dashed with that Bhitka as a result of which she succumbed to the injury.

4. 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. However, he submitted that no criminal antecedent of the applicant is reported in the police case diary.

6. Looking to the facts and circumstances of the case, looking to the seriousness of the alleged offence and also the impact of granting bail on the society, this Court is not inclined to grant bail to the applicant.

7. Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge pathak