An application for regular bail under Section 439 CrPC was filed in a murder case. The High Court held that the nature of allegations affirmed by statements of witnesses make the case unfit for bail, and rejected the application.
Application under Section 439 CrPC for grant of regular bail is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT of CHHATTISGARH, BILASPUR
MCRC No. 4935 of 2021
Chintamani @ Chintu Patel S/o Shri Heeralal Patel Aged About 20 Years R/o Village Kesarpur, Police Station Basna, District Mahasamund Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund Chhattisgarh
---- Respondent
For Applicant : Shri Shikhar Sharma, Advocate For Non-applicant : Shri B.P. Banjare, Dy. Govt. Advocate
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
03/12/2021
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applicant assaulted her, due to which, she fell down and thereafter applicant has thrown stones and bricks on her face and head. She screamed, upon which, Balkunwar Patel (co-sister) reached on the spot to whom deceased narrated the fact and incident of assault by the applicant. Even when husband of the deceased – Bhushitlal Patel reached on spot, deceased narrated the incident to him also. When she was being taken to hospital, she died and the doctor declared brought dead. Morgue was reported to the police station, based upon which, aforementioned crime was registered and applicant was arrested.
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Sd/-/---/-/-
(Parth Prateem Sahu) Judge
Praveen
2 issues framed by the court
Whether the applicant is entitled to regular bail in a case of alleged murder under Section 302 IPC.
Whether the nature of allegations and prima facie evidence make the present case fit for the grant of bail.
2 provisions across 2 enactments
Chintamani @ Chintu Patel
State Of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund Chhattisgarh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
