Savitri Dewangan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6556 of 2019 • Savitri Dewangan W/o Kairuram Aged About 52 Years R/o Masanki, Police Station - Odagi, District - Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through - The Police Station - Odagi, District - Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---- Non-applicant For Applicant : Shri A.N. Pandey, Advocate.

For Non-applicant : Shri Vinod Tekam, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 21.10.2019 1.

This is second bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court. No other bail application is pending before any other Court.

2.

Earlier, the first bail application of the applicant has been dismissed as withdrawn on 01.02.2019 in MCRC No. 327 of 2019. 3.

Perused the Case Diary provided by the learned counsel for the State in connection with crime No. 51/2018 registered at Police Station - Odagi District - Surajpur (C.G.) for the offence punishable under Section 304(B) of the Indian Penal Code.

4.

Case of the prosecution, in brief is that applicant is the mother in law of the deceased Rekha Dewangan. The marriage of the deceased was solemnized with Ram Kumar Dewangan in June, 2015. After the marriage applicant was harassing the deceased. She was taunting that the deceased was pregnant by some other person. Deceased had told her parents that applicant had poured kerosene oil on her body and set her on fire. During the

treatment she died on 05.06.2018. As per the alleged dying declaration of the deceased the quarrel took place between her and applicant.

5. Counsel for the applicant argued that the applicant has no criminal background, she is innocent and has been falsely implicated in the present case, thus, she may be released on bail.

6. On the other hand, learned counsel for the State opposes the bail application, however submits that there is no antecedent against the applicant in the case diary.

7. Counsel for the applicant drew my attention on the certified copy of the statement of P.W.2 Ram Kumar Dewangan which is part of the bail application,

8. In the case in hand other witnesses are to be examined.

9. Looking to the above mentioned facts and circumstances of the case, looking to the prima facie materials available on record against the applicant, looking to the seriousness of the offence, looking to the impact of granting bail on society, the second bail application of the applicant is rejected. 10.However, the trial Court is directed to expedite the trial and dispose off the case as soon as possible.

11. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore