Ravindra Kumar Yadav vs State Of Chhattisgarh

Heard.

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 03.06.2022 in connection with Crime No. 249/2022 registered at Police Station- Koni, District Bilaspur for the offence punishable under Section 302, 34 of IPC.

As per the prosecution case, on 31.05.2022 at night 12.00 some persons forcibly entered into the house of deceased Narayan Kaushik and pulled her out from his house and took to field and caused injury using hand, fist and hammer and thereafter threw his body in the railway track. Thereafter, he was admitted in the CIMS hospital, Bilaspur and during the treatment he died. Based on the aforesaid incident the offence was registered.

Learned counsel for the applicants submit that the applicants are innocent and are falsely implicated. He further submits that the material witnesses have been examined and they have turned hostile and not supported the case of the prosecution. He lastly submits that the applicants are in jail since 03.06.2022 and conclusion of trial may take some time, therefore, they may be enlarged on bail.

Per contra, learned State counsel strongly opposes the prayer for grant of bail and draws attention of the court to the statement of PW-4 namely Patilal where he has stated that the present applicant has caused injury to Narayan Kaushik to which he succumbed to death, therefore, it is not a fit case for grant of bail.

Having considered the rival submissions made and after perusal of statement of PW- 1 and further considering the role attributed by the present applicants, I am not inclined to release the applicants on bail.

Accordingly, the bail application is rejected. However, the trial court is directed to expedite the trial.