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High Court Of ChhattisgarhMCRC/9682/2018dismissed

Khirsindhu Soni v. State Of Chhattisgarh

2019-02-05Hon'Ble Shri Justice Sharad Kumar Gupta1 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9682 of 2018 Khirsindhu Soni S/o Pooran Lal Soni Aged About 38 Years R/o Village Ghumarguda, police Station Deobhog District Gariyaband CG ---- Applicant

Versus

State of Chhattisgarh Through Police Station Deobhog District Gariyaband CG ---- Respondent For applicant Mr. Raza Ali, Adv.

For Respondent/State Mr. Vikram Dixit, GA.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 5-21. 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. 111/2018 registered in police station Deobhog, Dist. Gariyaband (CG) for offence punishable under Section 302, 201 and 149 of the IPC.

3. Perused the case diary.

4. Prosecution story in brief is that on 4-8-2018 Sarpanch of village Ghumarguda informed Police Station Deobhog that dead body of the deceased Dhavleshwar alias Dhovleshwar is lying in his house. He has died 3 to 4 days ago. As per post mortem report, the doctor opined that death of the deceased is homicidal in nature. Injury was found on head of the deceased. On the memorandum of applicant, one iron rod was seized from his possession. Seized iron rod has been sent to RFSL for chemical examination.

5. Counsel for the applicant drew my attention on the map of the place of incident and argued that the applicant is innocent and falsely implicated hence he may be released on bail.

6. On the other hand, the State Counsel opposed the bail application.

7. 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.

8. Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge pathak