Budhiyar Sai Vs State of Chhattisgarh

Applicant has filed this bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he has been arrested in connection with Crime No.108 of 2021, registered at Police Station – Lailunga, District – Raigarh (C.G.) for offence punishable under Section 302 of the Indian Penal Code.

Case of the prosecution in brief is that on 03.04.2021 at about 4.30 PM, applicant assaulted his wife by sharp edged weapon in the house due to which she died. The incident was reported to

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the concerned police station and during the course of investigation, aforementioned crime was registered against applicant.

Learned counsel for applicant submits that applicant has been falsely implicated in this case. He has not committed any offence as alleged. Report was lodged by Gunu Ekka, father of deceased, who has seen the applicant with weapon in his hand immediately after the incident in his house. Gunu Ekka has now been examined and has not supported the case of the prosecution. He also submits that seizure witnesses have also been examined and they have also not supported the case of the prosecution. Applicant is in jail since 04.04.2021. Hence, he may be enlarged on bail.

Learned State counsel opposes the submission of learned counsel for applicant and would submit that Pratap Ekka and Pramod Ekka, who are the sons of applicant were present in the house at the time of incident and Pratap Ekka in his statement recorded under Section 161 of Cr.P.C. stated that when they were in the house, applicant and his mother were inside the room, applicant was in intoxicated condition quarreled and assaulted her mother. After hearing scream of his mother, he tried to open the door but it was not opened. He called other persons and thereafter, the door was broke open, upon which applicant was found with sharp edged weapon in his hand and

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the blood was over his entire body and his mother was lying on the floor.

Taking into consideration the facts and circumstances of the case, nature of allegation as also the material available in the charge-sheet, in particular the statement of Pratap Ekka and Pramod Ekka recorded under Section 161 of Cr.P.C., I do not find present to be a fit case to enlarge the applicant on regular bail at this stage.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is rejected.

Sd/- (Parth Prateem Sahu) Judge

Balram

Budhiyar Sai v. State of Chhattisgarh