Partly allowed

Ku. Dashoda @ Yashoda v. State of Chhattisgarh

Chhattisgarh HC12 Apr 2019MCRC/10032/2018

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed bail to Manoj Chaturvedi for murder. He was found present at the scene during a fire and did not attempt to douse it. Bail was granted to Kumari Dashoda, a female accused, on personal bond, considering she attempted to extinguish the fire.

What did the court decide?

Bail application MCRC No. 10026 of 2018 dismissed; MCRC No. 10032 of 2018 allowed with release on personal bond.

Ku. Dashoda @ Yashoda Vs State of… — Murder and Culpable Homicide | Chhattisgarh HC (2019)

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MCRC No. 10026 of 2018 & MCRC No.10032 of 2018

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 10026 of 2018

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Manoj Chaturvedi S/o Mangaldas Chaturvedi Aged About 29 Years R/o Village Mudiyadih, Police Station Palari, Balodabazar, District Balodabazar- Bhatapara Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Police Station Palari, District BalodabazarBhatapara Chhattisgarh

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---- Respondent

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MCRC No. 10032 of 2018

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Kumari Dashoda @ Yashoda D/o Mangaldas Chaturvedi Aged About 20 Years R/o Village Mudiyadih, P.S. Palari, Balodabazar, District Balodabazar Bhatapara Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Police Station Palari, District Balodabazar Bhatapara Chhattisgarh

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---- Respondent

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For Applicants Mr.Rahil Arun Kochar, Advocate For Respondent /State Mr. Gagan Tiwari, Dy. GA

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Order On Board By

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Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ

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12/4/2019

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Heard.

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MCRC No. 10026 of 2018 &

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MCRC No.10032 of 2018

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These are the two bail applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.420/2017, registered at Police Station Palari, District Balodabazar- Bhatapara (CG) for the offence punishable under Sections 147, 302/149 of IPC.

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Having considered the nature of allegations against applicantManoj Chaturvedi, husband of deceased-Bangla Bai, to the effect that at the time when co-accused Pitambar put the deceased on fire, applicant -Manoj Chaturvedi was present over there but did not make any effort to douse the fire, this Court is not inclined to released applicant -Manoj Chaturvedi on bail.

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Accordingly, the bail application (MCRC No.10026 of 2018) is dismissed.

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In so far as applicant Kumari Dashoda @ Yashoda in MCRC No.10032 of 2018 is concerned, witness Dhanesh Giri would state that Kumari Dashoda had made efforts to douse the fire.

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Therefore, considering the fact that applicant Kumari Dashoda @ Yashoda is a lady and is in jail since 25.4.2018 and the role ascribed to her at the time of commission of crime, this Court is inclined to release applicant -Kumari Dashoda @ Yashoda on regular bail.

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Accordingly, the application (MCRC No.10032 of 2018) is

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MCRC No. 10026 of 2018 &

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MCRC No.10032 of 2018

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allowed and applicant – Kumari Dashoda @ Yashoda is directed to be released on bail on her executing a personal bond for a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court. She is directed to appear before the trial Court on each and every date given by the said Court.

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Consequently, MCRC No.10026 of 2018 is dismissed and MCRC No.10032 of 2018 is allowed.

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Certified copy as per rules. Sd/-

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(Prashant Kumar Mishra)

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Acting Chief Justice

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Shyna

Ku. Dashoda @ Yashoda v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ku. Dashoda @ Yashoda v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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