Dinesh Kumar Vishal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7819 of 2018 • Dinesh Kumar Vishal S/o Prahllad Vishal Aged About 30 Years R/o VillageBardih, Police Station- Basna, District- Mahasamund, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police station- Basna, District- Mahasamund, Chhattisgarh ---- Respondent For Applicant :

Shri Yogeshwar Sharma, Advocate For Respondent/State :

Shri Aditya Sharma, PL for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 29/10/2018

1. This is the Second Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 07.01.2017 in connection with Crime No.24/2017 registered at Police Station Basna, Civil and Revenue District Mahasamund (CG) for the offence punishable under Section 307 IPC.

2. The first bail application bearing M.Cr.C. No.6233 of 2017 was dismissed on 27.11.2017.

3. As per the prosecution case, on 13.12.2017 the applicant abused and assaulted his wife, thereafter set her on fire by pouring kerosene oil on her and

thereby tried to commit murder.

4. Learned counsel for the applicant submits that there is delay in the trial, under the circumstances, the applicant may be released on bail.

5. Per contra, learned State counsel opposes the prayer for grant of bail.

6. Considering the nature of allegations and also that the first bail application was dismissed on merits and also taking into the dying declaration, I am not inclined to release the application on bail. Accordingly, the bail application is dismissed. However, the trial Court is requested to expedite the trial within a period of six months.

Sd/- Goutam Bhaduri Judge Ashu