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High Court Of ChhattisgarhMCRC/7767/2018rejected

Onkar Sahu v. The State Of Chhattisgarh

2018-11-27Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7767 of 2018 • Onkar Sahu S/o Late Shivdayal Sahu Aged About 40 Years R/o Village Thanaud, Police Station -Abhanpur, Tahsil And District Raipur CG ---- Applicant

Versus

• The State Of Chhattisgarh Through The District Magistrate Raipur (Police Station Abhanpur District Raipur CG ---- Respondent For applicant Mr. Malay K. Bhaduri, Adv.

For Respondent/State Mr. Ramakant Pandey, PL.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 27-111. 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. 75/2018 registered in police station Abhanpur, Distt. Raipur (CG) for offence punishable under Section 302 of the IPC.

3. Prosecution story in brief is that the applicant is husband of deceased Sonabai Sahu. On 31-3-2018, the dead body of deceased Sonabai Sahu was found in suspicious condition in the house of the applicant. As per post mortem report, nature of death of the deceased was homicidal, cause of death was strangulation leading to asphyxia and cardio-respiratory arrest. In the house only two persons were residing, one the deceased and another the applicant. During the investigation it was found that there was no possibility that any stranger may enter in the house.

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.

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