High Court Of ChhattisgarhMCRC/7097/2017dismissed

Permendra Kumar Gandle And ANR. v. State Of Chhattisgarh

2017-12-11Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7097 of 2017

1. Permendra Kumar Gandle S/o Late Lakhanlal Gandle, Aged About 38 Years

2. Khel Kumar Gendle S/o Late Lakhanlal Gandle, Aged About 42 Years Both are R/o Village Otgan, P.S. Bilha, District Bilaspur, Chhattisgarh ----Applicants

Versus

• State of Chhattisgarh Through Police Station Bilha, District Bilaspur, Chhattisgarh ---- Respondent For Applicants :

Shri Vinod Deshmukh, Advocate For Respondent-State :

Shri Niraj Sharma, Dy. GA for the State Hon'ble Shri Justice Goutam Bhaduri Order On Board 11/12/2017

1. This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested on 27.07.2017 in connection with Crime No.213/2017 registered at Police Station Bilha, District Bilaspur (CG) for the offence punishable under Sections 302, 201 and 34 of the I.P.C.

2. As per the prosecution case, on 14.06.2017 one Manisha Gendle was murdered by the present applicants as she was set ablaze. Thereby the offence is made out.

3. Learned counsel for the applicants submits that in fact the deceased has committed suicide as she wanted some money from the applicant No.1, who is the husband of the deceased, to settle some property dispute of her father

and when the applicant refused to give the money, she committed suicide. He would further submit that the child of the deceased were living with the father of the deceased and the case of the murder was registered lately , therefore, no offence is made out against the applicants and they may be released on bail.

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

5. Perused the statements of Shradhdha & Shweta, who are the children of applicant No.1. Considering their statements, wherein the direct allegations have been attributed to the present applicants, I am not inclined to release the applicants on bail. Accordingly, the bail application is dismissed. Sd/- Goutam Bhaduri Judge Ashu