Rohit Kumhar Vs State of Chhattisgarh

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.103 of 2024

Rohit Kumhar S/o Chunnilal Kumhar Aged About 23 Years R/o Ward No.18, Andhiyari Path Akaltara, Police Station Akaltara, District Janjgir-Champa (C.G.) ---- Applicant

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Versus

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State Of Chhattisgarh Through Police Station Akaltara, District Janjgir-Champa (C.G.) ----Non-Applicant

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For Applicant: Shri Rajeev Kumar Dubey, Advocate. For Non-Applicant/State: Shri BP Banjare, Dy. G.A.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

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10.01.2024

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This is the 2^nd bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.66/2023 registered at Police Station Akaltara, District JanjgirChampa for the offence under Section 304-B/34 IPC. Earlier application has been dismissed vide order dated 21.06.2023 passed in M.Cr.C No.2545 of 2023.

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Prosecution case is that the marriage of deceased Sarita Kumhar was solemnized with the present Applicant and on the date of incident i.e. 23.01.2023, at about 1 noon, when the deceased was informing her mother through mobile about the cruelty committed by her in-laws, then the present Applicant snatched the said mobile due

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to which, she could not narrate the entire incident to her mother and later on, the present Applicant informed his mother-in-law that she committed suicide and she was declared dead when she was taken to the hospital, therefore, the offence as aforesaid has been registered against the present Applicant.

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Learned counsel for the Applicant submits that the Applicant has been falsely implicated in the crime in question for which, he was arrested on 10.02.2023. He further submits that though the earlier bail application was dismissed on merits, but as there is considerable delay in the trial and out of 28 listed prosecution witnesses, only one witness has been examined and the said Court is also notified as POCSO Court for hearing of POCSO cases wherein, 110 cases are already pending, as such, there are no chances of early adjudication of the trial, therefore, considering all these aspects, the present Applicant may be released on bail by this Court.

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On the other hand, learned counsel for the Non-Applicant/State opposes the bail application and submits that on the date of incident, the deceased made a call to her mother and narrated about the illtreatment facing by her at her in-laws’ place but the said call could not be concluded as her husband i.e. the present Applicant has snatched away the mobile from her. He further submits that this matter relates to Section 304-B IPC in which, the offence is punishable with life imprisonment and minimum sentence is of 7 years and the case pertains to the year 2023, as such, there is no inordinate delay,

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therefore, the present Applicant is not entitled to be released on bail.

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Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, particularly considering that earlier application was dismissed on merits and there is no substantial change in the circumstances, therefore, I am not inclined to allow the application, at this juncture.

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Accordingly, the application is rejected . However, the Court below is directed to expedite the trial and if such Court is notified for hearing POCSO cases, then the concerned District and Sessions Judge is also directed to take appropriate steps, if any exigency arises.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Priya

Rohit Kumhar v. State of Chhattisgarh

Case brief

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Rohit Kumhar v. State of Chhattisgarh

Case brief

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