Chattisgarh High Court
Kailash Singh Kanwar vs State Of Chhattisgarh on 29 August, 2023
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 4848 of 2023
Kailash Singh Kanwar S/o Dhan Singh Aged About 48 Years R/o Village
Dugupara, Patpara, Chowki Chaitma, P.S. Pali, District Korba (C.G.)
---- Applicant
Versus
State Of Chhattisgarh Through S.H.O., Police Station P.S. Pali, District Korba
(C.G.)
---- Respondent
__________________________________________________ For Applicant - Shri Anshul Tiwari, Advocate. For Respondent/State - Shri G.P. Kurre, Panel Lawyer.
Hon'ble Justice Shri Sanjay Kumar Jaiswal Order on Board 29-08-2023
1. Heard.
2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C. for grant of regular bail, as he has been arrested in connection with Crime No.94/2023, registered at Police Station-Pali, District- Korba (C.G.) for the offence punishable under Section 302 of the IPC and Section 4 & 5 of the Tonahi Pratadna Nivaran Act, 2005.
3. Brief facts of the case is that the applicant has committed the murder of the deceased by drowning her in the lake of the village. Two days before the incident, the present applicant was seen running behind the deceased holding axe in hand due to personal dispute. Based on above facts, present crime was registered against the applicant.
24. Learned counsel appearing for the applicant submits that the applicant is innocent, he has been falsely implicated in the present case and he is in custody since 24-03-2023. He further submits that there is no eye witness in the case who has seen that the applicant has committed murder of deceased on the date of incident. Charge sheet has been filed, hence, the applicant may be enlarged on bail.
5. Per contra, learned counsel for the State opposes the bail application filed by the applicant.
6. Considering the entire facts and circumstances of the case, material available on record, nature and gravity of offence, I do not feel inclined to release the applicant on bail.
7. Accordingly, the present bail application is dismissed. However, the trial Court is directed to expedite the trial as early as possible preferably within a period of four months from the date of receipt of copy of this order. SD/-
(Sanjay Kumar Jaiswal) Judge Amardeep