Dismissed¶20

Khemlal Verma v. State of Chhattisgarh

Chhattisgarh HC20 Feb 2024MCRC/808/2024

Case brief

AI extract

What is this about?

MCRC No. 808 of 2024, High Court of Chhattisgarh Bilaspur, decided 21/02/2024, Parth Prateem Sahu, Judge; Khemlal Verma v. State of Chhattisgarh; second regular bail application; Section 439 CrPC; Crime No. 163/2023, Police Station Dongargarh, District Rajnandgaon; Sections 302, 201 IPC (murder/hiding evidence); assault with iron trident on father Dukhuram Verma at Shitla Mata Mandir; five eye witnesses; Section 161 CrPC witness statements; custody since 03.04.2023; bail application rejected/dismissed.

What did the court decide?

Taking into consideration the facts and circumstances of the case, the nature of allegation and the statements of the eye witnesses, the single-member bench did not find this to be a fit case to allow the second regular bail application, and accordingly rejected the application filed under Section 439 CrPC.

Khemlal Verma Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT of CHHATTISGARH, BILASPUR

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MCRC No. 808 of 2024

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Khemlal Verma S/o Dukhuram Verma Aged About 35 Years R/o Village Heerapur, Police Station Dongargarh, District Rajnandgaon, C.G.

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------Applicant

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VERSUS

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State of Chhattisgarh through-Station House Officer, Police Station Dongargarh, District Rajnandgaon, C.G.

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------- Non-applicant

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For Applicant : Mr. Ajay Thakre, Advocate. For Non-applicant : Ms. Sunita Manikpuri, Dy. Govt. Advocate

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Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD (21/02 /202 4)

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Applicant has filed this second bail application under Section 439 of CrPC for grant of regular bail as he has been arrested in connection with Crime No. 163/2023 registered at Police Station – Dongargarh, District Rajnandgaon (C.G.) for offence punishable under Section 302, 201 of IPC.

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Case of prosecution in brief is that Dheluram Verma came to complainant and informed that his son entered into Shitla Mata Mandir was shouting and screaming. Upon which complainant along with Dukhuram Verma went on spot, when Dukhuram bow down to lock the iron gate of the temple, applicant assaulted him (his father) by means of iron trident, due to which he suffered injury over his face and mouth and died on spot. Incident was reported to concerned police station, based upon which aforementioned crime was registered and applicant was arrested on 03.04.2023.

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Learned counsel for applicant submits that applicant has not committed any offence as alleged. He is in jail since 03.04.2023, hence, he may be enlarged on bail.

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Learned State counsel opposes the submission of learned counsel for

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applicant and submits that there are five eye witnesses to the incident and in their statement they have specifically stated the act of applicant and causing of assault. In support of her submission, she read over the statements of witnesses recorded under Section 161 of CrPC.

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I have heard learned counsel for the parties.

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Taking into consideration, facts and circumstances of the case, nature of allegation, statements of the eye witnesses, I do not find present to be a fit case to allow this application.

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Accordingly, this application filed under Section 439 of CrPC is rejected.

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Sd/-

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(Parth Prateem Sahu) Judge

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/pawan

Khemlal Verma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Khemlal Verma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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