Podiyam Kanni Vs State of Chhattisgarh

1. The applicant has preferred this First Bail Application under Section 483 of B.N.S.S. in connection with Crime No. 20/2024, registered at Police Station Konta, District Sukma, Chhattisgarh for the offences punishable under Sections 191(2), 191(3), 190

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Digitally signed by JYOTI JHA Date: 2025.01.18 15:56:52 +0530

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103(1), 296, 351(2) of BNS 2023 and Section 4 & 5 of Chhattisgarh Tonhi Pratadna Nivaran Act 2005.

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2. The prosecution story in brief, is that, on 15.09.2024 in the morning at about 11 AM, a meeting was called in the Village and about 30-40 peoples were present in the meeting and it was alleged in the meeting that the family of Mausam Kanna, Mausam Buccha, Smt. Mausam Arjo, Smt Mausam Viri and Smt. Karka Acchi are doing witchcraft practice in the village and due to which several peoples died in the village and then the villagers started beating them with sticks and hands in which Mausam Kanna, Mausam Buccha, Smt. Mausam Arjo, Smt. Mausam Viri and Smt. Karko Acchi died. Thereafter, Smt. Mausam Siti reports the offence and the applicants and other persons were arrested.

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3. It was argued by the learned counsel for the applicant that the applicant has not committed any offence alleged in the complaint, and they have been falsely implicated in the case even they have not been named as accused in the alleged FIR registered by the complainant Smt. Mausam Siti and named FIR has been lodged against 5 persons, therefore the applicants may be released on bail

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4. On the other hand, the learned counsel for the State opposes the bail application and submits that there is ample evidence on

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record to connect the appellants with commission of the offence. There are four eye witnesses who clearly stated for involvement of the present applicants as well as named the present applicants. Further the present applicants and other persons assaulted the deceased with the help of wood sticks and hands, due to which the five persons died. For which, the applicants have not given any plausible explanation, therefore, their bail application is liable to be dismissed.

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5. I have heard learned counsel for the parties and perused the case diary produced by the learned counsel for the State.

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6. Considering the nature and gravity of the offence and further considering the fact that the present applicants and other persons assaulted the deceased with the help of wood sticks and hands and committed murder of Mausam Kanna, Mausam Buccha, Smt. Mausam Arjo, Smt. Mausam Viri and Smt. Karko Acchi, therefore, at this stage, the aforesaid bail application of applicants is rejected .

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7. Office is directed to provide a certified copy of this order to the trial Court for necessary information.

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Sd/( Arvind Kumar Verma ) Judge

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Jyoti

Podiyam Kanni v. State of Chhattisgarh

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Podiyam Kanni v. State of Chhattisgarh

Case brief

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